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Southern Utah Wilderness Alliance v. Kempthorne

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Before MURPHY, McKAY, and BALDOCK, Circuit Judges.

The litigation from which these appeals stem originated when Plaintiff Southern Utah Wilderness Alliance (SUWA) and others challenged a November 2003 decision of Defendant Bureau of Land Management (BLM) to issue oil and gas leases on sixteen parcels of public land in Utah. SUWA’s lawsuit, brought pursuant to the Administrative Procedures Act, 5 U.S.C. §§ 701-706, affected three leases in which Movants XTO Energy and EOG Resources (Movants) have an interest. In August 2006, the district court reversed and remanded for further administrative consideration the BLM’s decision to lease the sixteen parcels. In a thorough opinion, the court held the BLM violated the National Environmental Policy Act (NEPA) and its regulations, notably 40 C.F.R. § 1502.9(c), when it failed to conduct a supplemental environmental analysis prior to issuing the leases. See SUWA v. Norton, 457 F. Supp. 2d 1253, 1264-69 (D. Utah 2006). The district court’s decision effectively “froze” for the time being Movant’s leases with the BLM pending NEPA compliance.

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