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Keywords

lawsuitplaintiffappeallease

appealsummary judgmentleaseappelleeendangered species act

Related Cases

Conner v. Burford, 848 F.2d 1441, 27 ERC 1443, 18 Envtl. L. Rep. 21,182

Facts

The Flathead and Gallatin National Forests in Montana are home to diverse ecosystems and threatened species. In 1981, the U.S. Forest Service issued environmental assessments recommending the leasing of 1,300,000 acres for oil and gas development, concluding that it would have no significant environmental impact. However, the plaintiffs argued that the sale of these leases without a comprehensive EIS or biological opinion violated NEPA and ESA, leading to the lawsuit after administrative appeals were exhausted.

The Flathead National Forest in northwestern Montana is a vast tract of rugged mountainous wilderness. Its many lakes and rivers provide exceptionally pure surface water, prized for trout fishing, and its undisturbed ecosystem is a sustaining habitat not only for game animals, but also for the bald eagle, the peregrine falcon, the gray wolf, and the grizzly bear—all listed as threatened or endangered species under the ESA.

Issue

Did the federal agencies violate NEPA and ESA by selling oil and gas leases on national forest land without preparing an environmental impact statement or a comprehensive biological opinion?

This appeal presents the question whether federal agencies violated the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321 et seq., or the Endangered Species Act of 1973 (ESA), 16 U.S.C. § 1531 et seq., by selling oil and gas leases on 1,300,000 acres of national forest land in Montana without preparing either an environmental impact statement (EIS) or a comprehensive biological opinion encompassing the impact of post-leasing activities on threatened or endangered species.

Rule

NEPA requires federal agencies to prepare an EIS for major federal actions significantly affecting the environment, while ESA mandates that federal actions must not jeopardize the existence of threatened or endangered species and requires a biological opinion assessing potential impacts.

Section 102(2)(C) of NEPA requires federal agencies to file an EIS before undertaking 'major Federal actions significantly affecting the quality of the human environment.' 42 U.S.C. § 4332(2)(C); 40 C.F.R. § 1508.11 (1985).

Analysis

The court found that the issuance of non-surface occupancy (NSO) leases did not require an EIS, as they did not constitute an irreversible commitment of resources. However, the court agreed with the district court that the sale of non-NSO leases without an EIS violated NEPA, as these leases allowed for significant surface-disturbing activities. Additionally, the court held that the Fish and Wildlife Service's biological opinions were inadequate because they failed to consider the impacts of post-leasing activities on endangered species.

We agree with the district court that the government violated NEPA when it sold non-NSO leases without an EIS. We further agree with the district court that the government violated the ESA when it sold leases without preparing a comprehensive biological opinion on the effect of oil and gas activities on threatened and endangered species.

Conclusion

The court affirmed the district court's ruling regarding non-NSO leases and the violation of NEPA, while reversing the ruling concerning NSO leases. The case was remanded for further proceedings to determine which leases were NSO leases.

Affirmed in part, reversed in part and remanded.

Who won?

The plaintiffs prevailed in part, as the court upheld the district court's ruling that the government violated NEPA by selling non-NSO leases without an EIS.

The district court granted appellees summary judgment on both their NEPA and ESA claims.

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Related Cases

McDermott, Inc. v. AmClyde, 511 U.S. 202, 114 S.Ct. 1461, 128 L.Ed.2d 148, 1994 A.M.C. 1521, 62 USLW 4241, Prod.Liab.Rep. (CCH) P 13,826

Creppel v. U.S. Army Corps of Engineers, Not Reported in F.Supp., 1988 WL 70103, 19 Envtl. L. Rep. 20,134

International Fabricare Institute v. U.S. E.P.A., 972 F.2d 384, 35 ERC 1281, 297 U.S.App.D.C. 331, 22 Envtl. L. Rep. 21,385

Boise Cascade Corp. v. U.S. E.P.A., 942 F.2d 1427, 33 ERC 1693, 60 USLW 2181, 22 Envtl. L. Rep. 20,007

Hudson River Fishermen’s Ass’n v. Westchester County, 686 F.Supp. 1044, 27 ERC 2154, 18 Envtl. L. Rep. 21,451