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Bundorf v. Jewell

ELR Citation: 45 ELR 20205
Nos. 2:13-cv-00616, (D. Nev., 10/30/2015) (Du, J.)

A district court, on motions for reconsideration and clarification of a prior remand order, vacated and remanded DOI's record of decision (ROD), EIS, and biological opinion (BiOp) concerning a large wind energy project in Nevada. In the prior remand court, the court held that DOI failed to fully explain its decision to grant two rights-of-ways for the project. The court now clarifies that vacatur of the ROD, EIS, and BiOp is necessary because analytical gaps exist throughout the wildlife analyses underlying these documents. On remand, DOI should address these gaps, particularly with regard to the desert tortoise, the bald eagle, the golden eagle, and bat species.