Indigenous

Diné Citizens Against Ruining Our Env't v. Jewell

Full Case Name
DINÉ CITIZENS AGAINST RUINING OUR ENVIRONMENT; San Juan Citizens Alliance; WildEarth Guardians; and Natural Resources Defense Council, Plaintiffs, v. Sally JEWELL, in her official capacity as Secretary of the United States Department of the Interior; United States Bureau of Land Management, an agency within the United States Department of the Interior; and Neil Kornze, in his official capacity as Director of the United States Bureau of Land Management, Defendants, and WPX Energy Production, LLC; Encana Oil & Gas (USA) Inc.; BP America Company; ConocoPhillips Company; Burlington Resources Oil & Gas Company LP; American Petroleum Institute; and Anschutz Exploration Corporation, Intervenor-Defendants.
Description

Environmental activists brought action against the federal government challenging Bureau of Land Management's approval of applications for drill permits in the San Juan Basin as in violation of the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA). Court held BLM's approval of applications did not violate NEPA nor NHPA, and dismissed the case.

Date
04-23-2018
Court
United States District Court for the District of New Mexico
Jurisdiction
United States
Incident Location
San Juan County, NM; McKinley County, NM
Disputed Act

Environmental activists brought action against federal government challenging the Bureau of Land Management (BLM) approval of applications for permit to drill in the San Juan Basin, alleging that BLM violated the National Environmental Policy Act (NEPA) by failing to analyze indirect effects of fracking on Chaco Park, a National Historic site, including light pollution from nighttime drilling activity.

Holding
The Court found that the Board of Land Management's approval of applications for drilling permits did not violate the National Environmental Policy Act and failure to consider effects of gas and oil wells in Chaco Park and satellites did not violate the National Historic Preservation Act.
Disposition

Grand Canyon Trust v. Williams

Full Case Name
GRAND CANYON TRUST, et al., Plaintiffs, v. Michael WILLIAMS, et al., Defendants
Description

The Court found that plaintiffs failed to establish a violation under the National Environmental Policy Act by the United States Forest Service for re-opening the "Canyon mine, and that the plaintiffs lacked standing to assert that the "valid existing rights determination" by the Forest Service failed to consider all relevant cost factors. The Court dismissed the case.

Date
04-07-2015
Court
United States District Court for the District of Arizona
Jurisdiction
United States
Incident Location
Coconino County, AZ
Disputed Act

Plaintiffs sought declaratory and injunctive relief to stop the United States Forest Service from re-opening the "Canyon Mine" in Northern Arizona, alleging that the Forest Service violated the National Environmental Policy Act and that the "valid existing rights determination" by the Forest Service failed to consider all relevant cost factors. Plaintiff's concerns about the re-opening of the mine involve environmental and historical impacts of the mine on Indigenous land surrounding the mine, as well as dust, truck traffic, light pollution and noise.

Holding
The Court found that plaintiffs failed to establish a violation under the National Environmental Policy Act by the United States Forest Service for re-opening the "Canyon mine, and that the plaintiffs lacked standing to assert that the "valid existing rights determination" by the Forest Service failed to consider all relevant cost factors. The Court dismissed the case.
Disposition

Dine Citizens Against Ruining Our Env't v. Bernhardt

Full Case Name
DINE CITIZENS AGAINST RUINING OUR ENVIRONMENT; San Juan Citizens Alliance; WildEarth Guardians; Natural Resources Defense Council, Plaintiffs-Appellants, v. David BERNHARDT, in His Official Capacity as Acting Secretary of the United States Department of the Interior; United States Bureau of Land Management, an Agency Within the United States Department of the Interior; Neil Kornze, in His Official Capacity as Director of the United States Bureau of Land Management, Defendants-Appellees, and DJR Energy Holdings, LLC; BP America Production Company; American Petroleum Institute; Anschutz Exploration Corporation; Enduring Resources IV, LLC, Intervenor Defendants-Appellees, and ConocoPhillips Company; Burlington Resources Oil & Gas Company LP, Intervenor Defendants. All Pueblo Council of Governors; National Trust for Historic Preservation; Navajo Allottees; Alice Benally; Lilly Comanche; Virginia Harrison ; Samuel Harrison; Dolora Hesuse; Verna Martinez; Loyce Phoenix, Amici Curiae.
Description

Environmental activists brought action against federal government challenging Bureau of Land Management (BLM) approval of applications for permit to drill fracked wells on public lands, alleging that BLM violated the National Environmental Policy Act (NEPA) and Nationa Historic Preservation Act (NHPA). District Court judged in favor of BLM; activists appealed. Activists had standing to bring action; environmental assessments adequately analyzed cumulative effects of granting drill applications as required by NEPA; activists failed to show BLM acted arbitrarily or capriciously.

Date
05-07-2019
Court
United States Court of Appeals for the Tenth Circuit
Jurisdiction
United States
Incident Location
San Juan County, NM; McKinley County, NM
Disputed Act

Environmental activists brought action against federal government challenging Bureau of Land Management (BLM) approval of applications for permit to drill fracked wells on public lands, alleging that BLM violated the National Environmental Policy Act (NEPA) and Nationa Historic Preservation Act (NHPA). District Court judged in favor of BLM; activists appealed.

Holding
Activists had standing to bring action; environmental assessments adequately analyzed cumulative effects of granting drill applications as required by NEPA; activists failed to show BLM acted arbitrarily or capriciously.