Center for Bio. Diversity v. BLM

In 2013, BLM adopted a new Recreation Area Management Plan (RAMP) where the 26,098-acre North Algodones Dunes Wilderness tract would remain closed to off-road vehicles, as would 9,261 acres of milkvetch critical habitat. BLM additionally prepared an Environmental Impact Statement (EIS) analyzing the 2013 RAMP, and consulted with the Service pursuant to section 7(a)(2) of the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq. As a result, the Service issued a new Biological Opinion finding that the 2013 RAMP was not likely to jeopardize the continued existence of the milkvetch or desert tortoise. The Center brought challenges under the ESA; the Clean Air Act (CAA), 42 U.S.C. 7401 et seq.; the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1701–1785; the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq.; and the Administrative Procedure Act (APA), 5 U.S.C. 706 et seq. The district court granted summary judgment for BLM on all but one issue. The court concluded that the ESA does not require Biological Opinions to contain Incidental Take Statements for threatened plants. Therefore, the court need not consider separately the Services' interpretation of the statute. The court rejected the Center's remaining claims, concluding that the Center has failed to demonstrate that BLM’s emissions analysis was arbitrary and capricious. Accordingly, the court affirmed the judgment. View "Center for Bio. Diversity v. BLM" on Justia Law