United States Ninth Circuit

In a dispute involving the Wind Project, the decision of the United States Bureau of Land Management (BLM) to grant a right-of-way over federal land for a wind energy project developed on private land by intervenor, is affirmed where: 1) the Wind Project did not trigger BLM's duty to initiate consultation with the US Fish and Wildlife Service under the Endangered Species Act; and 2) the Wind Project did not trigger BLM's duty to prepare an Environmental Impact Statement under National Environmental Policy Act because the Wind Project was not a federal action or connected to the Road Project.

Appellate Information

• Decided 05/27/2015
• Published 05/27/2015

Judges

• Rawlinson

Court

• United States Ninth Circuit

Counsel