
FOREST SERVICE
Case dismissed: Arizona State Legislature v. Biden (9th Circuit)
On April 1, the Ninth Circuit Court of Appeals upheld the district court’s decision to dismiss a lawsuit from 2024 that looked to overturn the proclamation designating the Baaj Nwaavjo I’tah Kukveni Ancestral Footprints of the Grand Canyon National Monument, which prevents mining. (The Monument is mostly comprised of Kaibab National Forest lands.) In response to claims of economic harm, the court found, “it is speculative whether the right economic conditions and incentives for uranium mining will exist so far into the future” considering an existing 20-year moratorium. Other arguments rejected included threats to water, reduced land value and higher energy prices, which the court characterized as “fears of hypothetical future harm.” After finding that none of the plaintiffs had standing to bring the lawsuit, the court did not need to address the question of whether the designation was allowed under the Antiquities Act. The article includes a link to the opinion.
New lawsuit: NDN Collective v. U. S. Forest Service (D. South Dakota)
On April 3, an Indigenous rights group known as NDN Collective and the Black Hills Clean Water Alliance, both based in Rapid City, along with Earthworks, challenged the Forest Service’s decision in the Rockford Mineral Exploratory Drilling Project to allow exploratory drilling core samples for graphite in the Black Hills National Forest near Pe’ Sla (or Reynolds Prairie), a site that holds cultural and spiritual significance for Native Americans. Plaintiffs object to the use of a categorical exclusion for its NEPA process because the project includes drilling, road work and other activity near Pe’ Sla that would take more than the one year authorized by the CE. The plaintiffs also argue that Pe’ Sla’s religious and cultural importance constitutes extraordinary circumstances that should have triggered a fuller review, and they are concerned about drinking water resources. The article includes a link to the complaint. This case was also discussed in a comment here.
Court decision in WildEarth Guardians v. U. S. Forest Service (D. Colorado)
On April 10, after the 10th Circuit Court of Appeals had reversed the decision to create the Wishbone domestic sheep allotment, the district court ordered a remand to the Forest Service to reassess risk of disease transmission to bighorn sheep. The Forest Service had approved the creation of the allotment in close proximity to bighorn sheep core habitat, and the 10th Circuit held that the Forest Service’s explanation for approving the Wishbone Allotment relied “on no science or data, and in fact contradicts the data in the record about bighorn sheep movement and permittees’ compliance with project design features.”
Amended complaint in Apache Stronghold v. U. S. A. (D. Arizona)
On April 22, plaintiffs in this case involving the land exchange of Oak Flats on the Tonto National Forest to facilitate a copper mine (which we last discussed here) responded to the Supreme Court’s denial of their petition for review, and the subsequent implementation of the land exchange by the Forest Service. They have amended their complaint at the district court level to seek to rescind the transfer and enjoin further actions. While the exchange had not been enjoined, the Ninth Circuit had not addressed all of the issues in the case, and the rest of the case is now continuing in federal district court in Arizona.
BLM
Preliminary injunction denied in Klamath-Siskiyou Wildlands Center v. Burgum (D. Oregon)
On April 9, the district court denied a motion for a preliminary injunction against the Last Chance Project involving several timber sales and road construction on BLM lands in checkerboard ownership in southern Oregon. The court found that the ESA consultation process for threatened northern spotted owls complied with the law with respect to scientific data and the way the scope of the project was defined. There was no violation of FLPMA because the Project conformed to the Resource Management Plan with regard to conservation of the northwestern pond turtle, designated by BLM as a sensitive species. The RMP contains a management directive requiring BLM to “[i]mplement conservation measures to mitigate specific threats to Bureau Sensitive species during the planning of activities and projects.” The court held, “Plaintiffs have not raised serious questions that BLM’s use of location-based mitigation efforts (aquatic buffer zones) instead of timing-based efforts (seasonal harvest restrictions) was arbitrary and capricious or inadequately explained.”
Court decision in Center for Biological Diversity v. Carey (D. Montana)
On April 9, the district court upheld the 16,700-acre Clark Fork Face Project northeast of Missoula, Montana, finding that the BLM adequately reviewed potential impacts to federally threatened grizzly bears and Canada lynx pursuant to NEPA and the ESA, including road density and habitat connectivity.
Preliminary injunction in Renew Northeast v. U. S. Department of the Interior (D. Massachusetts)
On April 21, nine renewable energy organizations secured a preliminary injunction from the district court against USDI, the BLM and other agencies for delaying wind and solar energy projects through five agency actions. One of these was a Departmental memo requiring additional review of wind and solar projects by the Office of the Executive Secretariat and Regulatory Affairs, subsequent review by the Office of the Deputy Secretary, and final review by the Office of the Secretary. For that memo, the court held that the administrative record did not show that the agencies were aware that they were changing existing policy or provide a reasoned explanation for the change, rendering the memo arbitrary and capricious. The article includes a link to the opinion.
ENDANGERED SPECIES
Injunction granted in Center for Biological Diversity v. Quintero (C.D. California)
On April 9, the federal district court reaffirmed an earlier ruling that said that the California Department of Parks and Recreation violated the Endangered Species Act by allowing the threatened western snowy plover and its critical habitat to be harmed by off-roading without possessing an incidental take permit. The court issued a decision about the remedy; the Defendant is enjoined from issuing new permits or authorizations of motorized vehicle activities in snowy plover critical and occupied habitat. That injunction order is here.
- Endangered Species Committee (God Squad)
On March 31, the Endangered Species Committee waived the ESA requirements that would avoid driving species to extinction for Gulf of Mexico oil and gas production activities. Three lawsuits challenging that action were summarized here. Two additional lawsuits have been filed. (One article referred to six total lawsuits, so I may have missed one.)
On April 14, Defenders of Wildlife filed a petition for review of the challenged actions in the U.S. Court of Appeals for the D.C. Circuit. They assert that it is illegal to exempt all federal authorizations of oil and gas activities in the Gulf of Mexico through a blanket exemption from the Endangered Species Act’s protections. They also challenged Defense Secretary Hegseth’s “National Security Findings” that led to the God Squad’s vote.
New lawsuit: National Wildlife Federation v. Burgum (D.C. Circuit)
On April 15, the National Wildlife Federation, National Parks Conservation Association, Florida Wildlife Federation, Louisiana Wildlife Federation and Texas Conservation Alliance also filed suit via a petition to the D. C. Circuit Court of Appeals. The plaintiffs say that the committee met and voted without the legally required notice, review, or application process. The article includes a link to the petition.
(It now appears that the Administration is trying to backtrack on the decision.)
New lawsuit: Center for Biological Diversity v. U. S. Fish and Wildlife Service (N.D. California)
On April 21, the plaintiffs sued the FWS for missing its January 2026 statutory deadline for finalizing its proposed listing of the fish species as threatened. The fish (referred to by Native Americans as “chi”) is designated by the Forest Service as a sensitive species, but only the headwaters of a few tributaries occur on national forest lands on the Mendocino National Forest. The primary threat is a lack of water resulting from diversions and climate change. The article links to the complaint.
New lawsuit: Center for Biological Diversity v. U. S. Fish and Wildlife Service (D. D.C.)
On April 23, the plaintiffs sued the FWS for missing its one-year statutory deadline after the Service’s August 2023 proposal to protect the salamander mussel as an endangered species and designate 2,012 river miles of critical habitat across 10 states. Critical habitat was proposed for the Daniel Boone and Hoosier national forests. Salamander mussels are threatened by habitat destruction, water pollution, invasive species and declines in their host species, the mudpuppy salamander. The article links to the complaint.
OTHER
Dismissal motion denied in Standing Trees Inc. v. State of Vermont (Vermont Superior Court)
On April 9, the Vermont court denied the state’s motion to dismiss the case. The court’s ruling affirmed that Standing Trees’ lawsuit could proceed on its two central claims: that Vermont’s Agency of Natural Resources is not complying with its obligations to protect public trust resources like Vermont’s waterways, and that it unlawfully rejected a petition seeking rulemaking to address its recently issued management plan for the CC Putnam State Forest. The court described, the public trust doctrine as “an elemental feature of American and Vermont common law” which requires state governments to go above and beyond just complying with statutes and regulations when they make decisions affecting public natural resources. The press release includes a link to the court’s order
New lawsuit: National Parks Conservation Association v. U. S. Department of the Interior (C. D. California)
On April 15, Plaintiff filed a complaint against USDI and the National Park Service over their “reversal of position permitting renewed industrial mining operations at the decommissioned Colosseum Mine in Mojave National Preserve,” relying on the BLM’s environmental review and approval in 1985. In addition to NEPA violations, the complaint alleges that continuing operations violates the Mining in the Parks Act of 1976, and the California Desert Protection Act of 1994.
Gold and silver mining since the 1860s had ended in 1993 and reclamation had occurred. In 1994, Congress established the Mojave National Preserve, which transferred federal jurisdiction over Colosseum Mine from the Bureau of Land Management to the National Park Service. The Park Service had been actively trying to prevent additional mining since then, but unauthorized activity had occurred. BLM now describes it as “America’s second rare earth elements mine,” and it’s located in an area that’s important habitat for bighorn sheep and boasts the second-highest density of rare plants in California’s mountain ranges. The article includes a link to the complaint.