ELR Citation: 52 ELR 20109
No(s). 2:21-cv-2507-GW-ASx (C.D. Cal. Sep 13, 2022) (Wu, J.)

A district court vacated two rights-of-way that BLM issued to a company in 2020 to transport water through an existing gas pipeline across federal lands. Environmental groups sought vacatur, arguing the rights-of-way violated FLPMA, NEPA, and the National Historic Preservation Act (NHPA). BLM agreed it did not adequately analyze potential environmental impacts of granting the rights-of-way under NEPA and did not sufficiently evaluate potential impacts under the NHPA, and moved for voluntary remand. The court concluded that BLM's decision to grant the rights-of-way without considering whether it complied with FLPMA, NEPA, or the NHPA was arbitrary and capricious, and thus that remand was appropriate. It further concluded vacatur was particularly appropriate in this case because issuance of the rights-of-way had not benefited from a full agency review and decisionmaking process. It vacated the rights-of-way and remanded to BLM for further consideration.