Rocky Mountain Wild v. Bernhardt

The federal district court for the District of Utah rejected claims that BLM did not adequately consider greenhouse gas emissions and climate change impacts, including cumulative impacts, from oil and gas development associated with 59 leases in the Uinta Basin. Noting that “[a]n agency is not required to engage in analyses, including cumulative impact, if they are ‘too speculative or hypothetical to meaningfully contribute to NEPA’s goals of public disclosure and informed decisionmaking,'” the court found that BLM had taken “an appropriately hard look” at cumulative greenhouse gas and climate impacts by identifying impacts of its leasing decision, including a quantitative assessment of greenhouse gases from the decision, and “generally identif[ying] the broad global context within which this decision fits.” The court also found that BLM did not violate NEPA by deferring analysis of site-specific greenhouse gas emissions from well development and operation. The court further concluded, however, that BLM failed to properly document and potentially failed to perform an analysis of reasonable alternatives. The court—which also found that BLM complied with the Federal Land Policy and Management Act—remanded to BLM for further consideration of alternatives but did not vacate the issued leases.

Four environmental groups filed a lawsuit in federal court in Colorado challenging the U.S. Bureau of Land Management’s (BLM’s) decisions to issue 59 oil and gas leases covering 61,910.92 acres in northeast Utah. The plaintiffs asserted violations of the Federal Land Policy and Management Act, the National Environmental Policy Act, and the Administrative Procedure Act, including that BLM failed to consider cumulative climate change impacts.

After the federal defendants-appellants abandoned their appeal of a December 2020 District of Utah <a href="https://climatecasechart.com/wp-content/uploads/case-documents/2020/20201210_docket-219-cv-00929_memorandum-opinion-and-order-1.pdf">decision</a> remanding a case challenging the issuance of oil and gas leases in the Uinta Basin, the conservation groups’ appeal of the district court decision is still pending, with the opening brief due on July 12, 2021. The Tenth Circuit directed the conservation groups “to address with specificity … whether this court has jurisdiction over their appeal.”

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