Energy Environmental Blog

No NEPA Violation

Written by Greg Russell | Jun 28, 2010 11:06:12 AM

The United States Court of Appeals for the Tenth Circuit recently upheld a Bureau of Land Management (BLM) decision allowing natural gas development in Wyoming's Powder River Basin.  See Biodiversity Conservation Alliance v. Bureau of Land Management, Case No. 09-8011 (Jun. 18, 2010) (here; search using case number).  Environmental groups challenged the decision, arguing that it violated the National Environmental Policy Act by failing to study in detail a decades-long phased-development plan proposed by the environmentalists.

The court:  "The Bureau reasonably refused to give detailed study to a plan that would not meet the project's purposes."  Interesting.