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Full-Text Articles in Law
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Public Land & Resources Law Review
In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.
Cottonwood Environmental Law Center V. United States Forest Service, Maresa A. Jenson
Cottonwood Environmental Law Center V. United States Forest Service, Maresa A. Jenson
Public Land & Resources Law Review
Overturning thirty-year-old precedent, Cottonwood Environmental Law Center v. United States Forest Service held that merely proving a procedural violation of the ESA is no longer enough to show irreparable injury in support of injunctive relief. The Ninth Circuit affirmed summary judgment for Cottonwood, concluding the Forest Service violated the ESA by not reinitiating consultation, but declined to provide injunctive relief because Cottonwood failed to show irreparable injury to the Canadian lynx.