Facts

In 1980, the Dept. of the Interior approved a Record of Decision (ROD) for the California Desert Conservation Area (CDCA). The ROD established a long-range, comprehensive plan for the management, use, development, and protection of over 12 million acres of public land.

In 2009, Ocotillo Express LLC applied to the Bureau of Land Management to construct and operate a wind energy facility on public land in the CDCA. An environmental impact statement was prepared for the proposed Ocotillo Wind Energy Facility, and the project was reduced in size and scope. Eventually, however, the project was approved.

The Protect Our Communities Foundation and others filed suit, challenging the approval of the project and arguing that it threatened an endangered species.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that the project would jeopardize the existence of the Peninsular Bighorn Sheep, a species protected by the Endangered Species Act.

DEFENDANT'S CONTENTIONS:
Defendants argued that they had designed the project to minimize adverse effects on the sheep, and that its project complied with the ESA.

Result

The court granted summary judgment for defendants.