United States Ninth Circuit

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Ctr. of Biological Diversity v. U.S. Bureau of Land Mgm't., 10-72356

In a suit challenging the decision by the Bureau of Land Management to authorize the Ruby Pipeline Project which involves the construction, operation, and maintenance of a 42-inch-diameter natural gas pipeline extending from Wyoming to Oregon, petition for review of the Orders of the Bureau of Land Management and the Fish and Wildlife Service is: 1) granted and vacated as to the the Biological Opinion's reliance on the Conservation Action Plan, where it is inconsistent with the statutory scheme and is therefore invalid as arbitrary and capricious; 2) granted and vacated as to the incidental take conclusions for listed fish species as the Opinion was arbitrary and capricious in failing to examine the relevant data and articulate a satisfactory explanation for its action including a rational connection between the facts found and the choice made in remaining silent on the potential impact of the project's proposed groundwater withdrawals; but 3) denied as to the petitioners' remaining challenges to the Opinion.

Appellate Information

  • Decided 10/22/2012
  • Published 10/22/2012


  • Berzon


  • United States Ninth Circuit