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Full-Text Articles in Law

Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh Apr 2014

Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh

Public Land & Resources Law Review

As part of a comprehensive strategy to keep coal “in the ground,” environmental plaintiffs challenged the BLM’s leasing of federally owned coal tracts in the Powder River Basin in 2010 on climate change grounds. WildEarth Guardians was the first suit to reach a federal circuit court, where the District of Columbia Circuit Court affirmed that the BLM’s environmental analysis of the climate change impacts of the leased coal was adequate under NEPA. Notably, in reversing the district court, the circuit court found that the plaintiffs had procedural standing.


Cloud Foundation, Inc. V. Salazar, Maxwell Kirchhoff Mar 2014

Cloud Foundation, Inc. V. Salazar, Maxwell Kirchhoff

Public Land & Resources Law Review

The United States District Court for the District of Columbia found that the BLM and Forest Service did not act arbitrarily and capriciously when they maintained and extended a boundary fence and decided not to expand a wild horse and burro range. The court also held the BLM used reasoned decision making when it determined a target horse and burro population in a herd management plan. Additionally, a National Environmental Policy Act claim was defeated under the “capable of repetition yet evading review” exception to the mootness doctrine.