United States DC Circuit

In an action by environmental organizations filed for declaratory and injunctive relief arguing that the Bureau of Land Management's Record of Decision, its accompanying environmental impact statement (EIS), and subsequent drilling permits for a natural gas field violated the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act, and the Administrative Procedure Act, summary judgment for defendant is affirmed where: 1) petitioners failed to cite evidence demonstrating that the environmental impact of previously drilled wells exceeded the impact contemplated by the Great Divide resource management plan; 2) the Bureau was not required to employ the best, most cutting-edge methodologies in preparing its EIS; and 3) the Bureau did not violate NEPA by concluding that the projects were too preliminary to meaningfully estimate their cumulative impacts in the Atlantic Rim Project EIS.

Appellate Information

• Argued 04/16/2010
• Decided 07/26/2010
• Published 07/26/2010

Judges

• David B. Sentelle

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Sharon Buccino, Robert H. Oakley