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- Powder River Basin Resource Council v. U.S. Depart...
Litigation
Powder River Basin Resource Council v. U.S. Department of the Interior
Date
2022
Geography
About this case
Documents
Filing Date
Type
Action Taken
Document
Summary
09/13/2024
Decision
Plaintiffs' motion for summary judgment granted in part and further approvals of applications for permits to drill enjoined until court rules on remedy.
In a lawsuit challenging the U.S. Bureau of Land Management’s (BLM’s) approval of the Converse County Oil and Gas Project, the federal district court for the District of Columbia ruled that BLM’s consideration of groundwater impacts in the environmental impact statement for the project was inadequate. The project covers approximately 52,667 acres of BLM-administered surface and federal mineral estate in Wyoming and would result in the drilling of approximately 5,000 wells over 10 years. The court’s decision did not address the plaintiffs’ arguments regarding deficiencies in the analysis of impacts on cumulative greenhouse gas emissions and the failure to consider all reasonable alternatives, including a greenhouse gas reduction alternative. The court ordered additional briefing on remedy and enjoined approvals of applications for permits to drill until a ruling on remedy.
05/16/2024
Reply
Plaintiffs filed combined reply in support of summary judgment motion and response to cross-motions for summary judgment.
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01/26/2024
Motion For Summary Judgment
Memorandum of points and authorities filed in support of plaintiffs' summary judgment motion.
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11/06/2023
Decision
Motion for a preliminary injunction denied, private intervenors' motion to transfer denied, and private intervenors' motion to dismiss granted in part.
The federal district court for the District of Columbia concluded that two conservation organizations had standing to challenge the U.S. Department of the Interior’s record of decision for the Converse County Oil and Gas Project, which authorized 5,000 new oil wells in the Powder River Basin. The court also concluded, however, that the organizations lacked standing to challenge separately approved applications for permit to drill (APDs). The court denied the organizations’ motion for a preliminary injunction, finding that they did not demonstrate a likelihood of success on the merits of any of the claims, including claims that the Bureau of Land Management’s analysis of cumulative effects was deficient because it did not quantify greenhouse gas emissions from other projects in the region. In addition, the court found that the organizations failed to demonstrate imminent and irreparable harm and that the equities weighed against preliminary equitable relief. The court also denied a request by private intervenors’ motion to transfer the lawsuit to the District of Wyoming.
05/26/2023
Reply
Reply memorandum filed by plaintiffs in support of motion for preliminary injunction.
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05/26/2023
Reply
Reply filed by defendant-intervenors Continental Resources, Inc. and Devon Energy Production, L.P. in support of their motion for partial judgment on the pleadings.
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04/24/2023
Opposition
Defendants filed response in opposition to plaintiffs' motion for preliminary injunction.
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04/24/2023
Opposition
Private intervenors filed opposition to plaintiffs' motion for preliminary injunction.
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04/24/2023
Opposition
Opposition filed by State of Wyoming to plaintiffs' motion for preliminary injunction.
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01/18/2023
Motion To Dismiss
Plaintiffs filed motion to dismiss counterclaim and crossclaim brought by defendant-intervenors Continental Resources, Inc. and Devon Energy Production, L.P.
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09/07/2022
Complaint
Complaint filed.
Two environmental groups filed a lawsuit in the federal district court for the District of Columbia challenging the Converse County Oil and Gas Project, which the plaintiffs alleged would involve development of 5,000 oil and natural gas wells in Wyoming’s Powder River Basin over a period of 10 years. The plaintiffs asserted claims under the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), the Mineral Leasing Act (MLA), and the Administrative Procedure Act (APA). The complaint alleged that the defendants violated the MLA, FLPMA, and APA by failing to mitigate greenhouse gas and other air pollutant emissions. The complaint also alleged that the environmental review for the project violated NEPA by, among other things, failing to quantify the project’s cumulative greenhouse gas emissions and climate change impacts when combined with other reasonably foreseeable future actions and failing to consider reasonable alternatives that would reduce key impacts such as greenhouse gas emissions.
Summary
Challenge to the Converse County Oil and Gas Project in Wyoming's Powder River Basin.