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Environmental Law
National Environmental Policy Act
Solar Energy Zones

Western Lands Project, Desert Protective Council, Western Watersheds Project v. United States Bureau of Land Management, Ken Salazar, Sally Jewell

Published: Jul. 19, 2014 | Result Date: Jun. 25, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 3:13-cv-00339-JM-JMA Summary Judgment –  Defense

Court

USDC Southern District of California


Attorneys

Plaintiff

Craig A. Sherman
(Law Office of Craig A. Sherman)

Christopher Krupp


Defendant

David Glazer


Facts

Western Lands Project, Desert Protective Council, and Western Watersheds Project filed a complaint against the U.S. Bureau of Land Management, former Secretary of the Interior Ken Salazar, and current Secretary of the Interior Sally Jewell under the National Environmental Policy Act of 1969.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants violated the National Environmental Policy Act when it issued a programmatic environmental impact statement for utility-scale solar energy projects. Plaintiffs filed for summary judgment.

DEFENDANTS' CONTENTIONS:
Defendants contended that it complied with NEPA with regard to the approved resource management plan amendments and record of decision for solar energy development in six southwestern states, including California, Arizona, Colorado, New Mexico, Nevada, and Utah. Defendants filed a cross-motion for summary judgment. Defendants also argued that plaintiffs lacked standing to bring the lawsuit.

Result

The district court granted defendants' motion for summary judgment, and denied plaintiffs' motion. Additionally, the court found that plaintiffs had standing to assert their claims. Further, it found that the environmental studies complied with NEPA.


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