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The Climate Litigation Database

Living Rivers v. Bernhardt

Geography
Year
2019
Document Type
Litigation
Part of

About this case

Filing year
2019
Status
Opening brief filed by plaintiffs.
Docket number
4:19-cv-00041
Court/admin entity
United StatesUnited States Federal CourtsUnited States District Court for the District of Utah (D. Utah)
Case category
Federal Statutory Claims (US)Endangered Species Act and Other Wildlife Protection Statutes (US)Federal Statutory Claims (US)NEPA (US)
Principal law
United StatesAdministrative Procedure Act (APA)United StatesEndangered Species Act (ESA)United StatesNational Environmental Policy Act (NEPA)
At issue
Lawsuit challenging approval of rights-of-way for construction and operation of commercial-scale oil-shale mine and processing plant.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
Beta
06/17/2020
Opening brief filed by plaintiffs.
Brief
02/26/2020
Amended and supplemental complaint filed.
Complaint
06/26/2019
Motion to intervene filed by Enefit American Oil Co.
Motion To Intervene
05/16/2019
Complaint filed.
Environmental and conservation groups filed a lawsuit in federal court in Utah challenging the U.S. Department of the Interior’s approval of rights-of-way that would enable construction and operation of commercial-scale oil-shale mine and processing plant. The complaint asserted claims under the National Environmental Policy Act (NEPA) and the Endangered Species Act. With respect to climate change, the plaintiffs alleged that the U.S. Bureau of Land Management’s analysis of climate change impacts was inadequate and failed entirely to consider the climate impacts of end-use combustion of synthetic oil carried by the pipeline associated with part of the project.
Complaint

Summary

Lawsuit challenging approval of rights-of-way for construction and operation of commercial-scale oil-shale mine and processing plant.

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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance