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Western Exploration, LLC v. DOI

ELR Citation: 47 ELR 20055
Nos. 3:15-cv-00491-MMD-VPC, (D. Nev. , 03/31/2017) (Du, J.)

A district court ruled that DOI, BLM, and other agencies failed to comply with NEPA when they amended land use plans to protect the habitat of the greater sage-grouse from development in Nevada. In March 2010, FWS issued a finding on petitions to list three entities of the greater sage-grouse as threatened or endangered under the ESA. In response, the agencies began the process of planning to incorporate sage-grouse protection measures into their final land management plans. Industry plaintiffs requested that the court enjoin DOI and BLM from implementing the Nevada portion of the land management plan as they did not allow for public comment on the amendments to their previously proposed land management plans. The court held that NEPA requires the agencies to provides for public participation in assessing a proposed action’s environmental consequences, and ordered the agencies to prepare a supplemental EIS explaining the changes to the plans.