Diné Citizens Against Ruining Our Environment v. Bernhardt

The Tenth Circuit Court of Appeals ruled that the U.S. Bureau of Land Management (BLM) had violated the National Environmental Policy Act (NEPA) by failing to consider cumulative water impacts associated with 3,960 reasonably foreseeable horizontal wells in the Mancos Shale in the San Juan Basin in New Mexico. The Tenth Circuit directed that the environmental assessments for those wells be remanded for BLM to conduct proper NEPA analysis. The Tenth Circuit’s decision did not address issues raised in the district court concerning greenhouse gas emissions. In addition, although the Tenth Circuit concluded that BLM was required to consider the cumulative impacts, including air pollution impacts, for all reasonably foreseeable wells, the court concluded that the appellants had not provided a record from which the court could assess BLM’s air analysis. The Tenth Circuit also did not reverse the district court’s conclusions that BLM had not violated the National Historic Preservation Act.