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Environmental Defense Center v. Bureau of Ocean Energy Management

ELR Citation: 49 ELR 20072
Nos. CV 16-8418 PSG (FFMx), (C.D. Cal., 04/23/2019) (Gutierrez, J.)

A district court denied an offshore drilling platform operator's motion to reconsider the court's previous ruling that barred the Bureau of Ocean Energy Management (BOEM) from issuing offshore drilling permits until it conducted further environmental review. Conservation groups had argued that BOEM's approval of the permits violated NEPA, the ESA, and the CZMA, and the court concluded BOEM violated the ESA and CZMA by failing to complete consultations with FWS and determine whether the proposed drilling was consistent with California's coastal zone management programs. It had therefore preliminarily enjoined BOEM from issuing the permits. The platform operator asked the court to reconsider its ruling, complaining that the groups failed to meet their burden of demonstrating they were entitled to an injunction. But the court disagreed, finding the operator's motion was procedurally improper because it never raised a challenge to the injunction before the court ruled. It therefore denied the motion to reconsider.