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Keywords

leaseenvironmental lawendangered species act
leaseregulationendangered species act

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Village of False Pass v. Clark, 733 F.2d 605, 20 ERC 1705, 14 Envtl. L. Rep. 20,398

Facts

The case arose from the Secretary of the Interior's proposed sale of oil leases in the St. George Basin, an area rich in marine life and potential oil reserves. The planning for Lease Sale 70 began in 1979, and by 1983, the Secretary had issued a Final Notice of Sale without specific seasonal drilling restrictions, despite recommendations from the National Marine Fisheries Service to protect endangered gray and right whales. The Village of False Pass filed suit, claiming the Secretary acted arbitrarily and violated environmental laws by not considering the potential impacts of oil spills and seismic testing on endangered species.

The planning for Lease Sale 70 began in 1979 when the Department of the Interior's Bureau of Land Management requested resource reports from various agencies about oil and gas leasing in the St. George Basin.

Issue

Did the Secretary of the Interior violate the Endangered Species Act and the National Environmental Policy Act by issuing a Final Notice of Sale for oil leases without adequate protections for endangered whales and without a worst-case analysis of potential oil spills?

The Village argues first that the district court erred in not finding the Secretary violated the 'inter-agency consultation' and 'best available data' requirements of ESA by issuing a Final Notice of Sale two days before receiving the Fisheries Service's Final Biological Opinion.

Rule

The Secretary must ensure that actions are not likely to jeopardize the continued existence of endangered species under the Endangered Species Act, and must prepare an environmental impact statement under the National Environmental Policy Act for major federal actions significantly affecting the environment.

Under 16 U.S.C. § 1536(a)(2), the Secretary must, among other things, insure his lease sale decision 'is not likely to jeopardize the continued existence of any endangered species.'

Analysis

The court found that the Secretary did not abuse his discretion by issuing the Final Notice of Sale before receiving the Fisheries Service's Final Biological Opinion, as the lease sale was not considered an irreversible commitment of resources. The Secretary was also deemed to have acted on the best available data, as he had reviewed a draft of the Biological Opinion prior to the sale. Furthermore, the Secretary's decision to defer specific protections for whales until after the lease sale was supported by the Fisheries Service's recommendations, which did not mandate immediate restrictions.

The Secretary has promulgated regulations to fulfill ESA's command that he consult an appropriate agency to insure his actions are not likely to jeopardize an endangered species.

Conclusion

The court affirmed the district court's ruling, concluding that the Secretary did not abuse his discretion under the Endangered Species Act or the National Environmental Policy Act in the context of the lease sale.

We therefore affirm the holding of the district court that the Secretary did not abuse his discretion under ESA at the time of the lease sale action with respect to endangered species protection from oil spills and exploratory seismic testing.

Who won?

The Secretary of the Interior prevailed in the case because the court found that he acted within his discretion and complied with the relevant environmental laws.

The Secretary did not abuse his discretion under the Endangered Species Act by deferring the imposition of specific protections for endangered whales until after the lease sale.

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