CENTER FOR BIOLOGICAL DIVERSITY et al v. U.S. DEPARTMENT OF THE INTERIOR et al (2023)

This case was last updated from U.S. District Courts on 08/14/2022 at 08:18:38 (UTC).

Case Summary

On June 15, 2022, the Center for Biological Diversity (“the Center”) and Wildearth Guardians (“Guardians”) (collectively, “Plaintiffs”), represented by Kyle J. Tisdel of the Western Environmental Law Center, filed an environmental lawsuit against the U.S. Department of the Interior (“Interior”), Debra Haaland, the U.S. Bureau of Land Management (“BLM”), and Tracy Stone-Manning (collectively, “Defendants”), seeking declaratory and injunctive relief for alleged unlawful drilling on federal public lands by Defendants. This case was filed in the U.S. District Court for the District of Columbia District, with Judge Tanya S. Chutkan presiding.

In the complaint, Plaintiffs stated, “Climate change is driven primarily by the burning of fossil fuels for energy and transportation activities. According to the BLM’s own analyses, oil and gas production from public lands emits nine percent of greenhouse gas (‘GHG’) emissions in the United States, and slightly over one percent of global emissions.”

Plaintiffs alleged, “During the first sixteen months of the Biden administration, the BLM approved well over 3,500 applications for permit to drill (‘APDs’). The drilling of these oil and gas wells will likely emit 490-600 million metric tons of carbon dioxide equivalent (‘CO2e’) greenhouse gas pollution over the course of their lifespans, equivalent to the annual emissions of between 131-161 coal fired power plants.”

Plaintiffs further alleged, “In approving these APDs, BLM failed to evaluate the cumulative impacts of greenhouse gas emissions that will result from these approvals under the National Environmental Policy Act (‘NEPA’), and failed to consider the impact of these emissions as they relate to BLM’s procedural and substantive obligations under the Endangered Species Act (‘ESA’) and Federal Land Policy and Management Act (‘FLPMA’).”

Plaintiffs also alleged, “BLM acknowledges, demonstrates that increasing greenhouse gas emissions are causing irreparable damage to virtually every ecosystem on the planet. By failing to consider and act on these impacts, BLM violated the law in four distinct ways. First, BLM failed to consult with the U.S. Fish and Wildlife Service (‘USFWS’) and the National Marine Fisheries Service (together the ‘Services’) on the effect that GHG emissions from the challenged wells will have on threatened and endangered species protected under the ESA.”

Plaintiffs then alleged that “BLM violated FLPMA by failing to consider or take action to prevent the unnecessary and undue degradation of public lands resulting from ongoing oil and gas permitting. Third, the BLM has failed to take a hard look at cumulative GHG emissions and climate impacts under NEPA. Fourth, the BLM has failed to take a hard look at environmental justice under NEPA.”

Plaintiffs additionally alleged, “BLM has failed to assess or acknowledge the contribution of its APD approvals and its fossil fuel program to environmental injustices associated with GHG emissions and climate change. People and communities already experiencing environmental, social, and structural inequities and injustices are likely to suffer the worst climate impacts.”

Plaintiffs listed five claims for relief for the alleged violations of the NEPA, the ESA, and FLPMA. In the prayer for relief, Plaintiffs requested a judgment granting declaratory and injunctive relief with an award of the costs of litigation.

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Case Details Parties Documents Dockets

Case Details

  • Case Number:

    1:22-CV-01716

  • Filing Date:

    06/15/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Environment

  • Court:

    U.S. District Courts

  • Courthouse:

    District Of Columbia District

Judge Details

Presiding Judge

Tanya S. Chutkan

Party Details

Plaintiffs

CENTER FOR BIOLOGICAL DIVERSITY

WILDEARTH GUARDIANS

Intervenor Defendants and Petitioners

CHEVRON U.S.A. INC.

OXY USA INC.

OXY USA WTP LP

ANADARKO E&P ONSHORE LLC

PETROLEUM ASSOCIATION OF WYOMING

AMERICAN PETROLEUM INSTITUTE

STATE OF WYOMING

PEAK POWDER RIVER RESOURCES, LLC

Defendants

U.S. DEPARTMENT OF THE INTERIOR

DEBRA HAALAND

U.S. BUREAU OF LAND MANAGEMENT

TRACY STONE-MANNING

Attorney/Law Firm Details

Plaintiff Attorneys

Kyle James Tisdel

Attorney at WESTERN ENVIRONMENTAL LAW CENTER

208 Paseo Del Pueblo Sur, No. 602

Taos, NM 87571

Jason C. Rylander

Attorney at CENTER FOR BIOLOGICAL DIVERSITY

1411 K St. Nw, Suite 1300

Washington, DC 20005

Tannis Fox

Attorney at WESTERN ENVIRONMENTAL LAW CENTER

409 E. Palace Avenue, Suite 2

Santa Fe, NM 87501

Samantha Ruscavage-Barz

Attorney at WILDEARTH GUARDIANS

301 N. Guadalupe St., Suite 201

Santa Fe, NM 87501

(Video) Bureau of Land Management, U.S. Department of the Interior

Intervenor Defendant and Petitioner Attorneys

Catherine Emily Stetson

Attorney at HOGAN LOVELLS US LLP

555 Thirteenth Street, Nw

Washington, DC 20004

Sean Marotta

Attorney at HOGAN LOVELLS US LLP

555 Thirteenth Street, Nw

Washington, DC 20004

Ani Marta Esenyan

Attorney at VAN NESS FELDMAN

1050 Thomas Jefferson St Nw

Washington, DC 20007

Nikesh Jindal

Attorney at KING & SPALDING

1700 Pennsylvania Avenue

Washington, DC 20006

Sarah C. Bordelon

Attorney at HOLLAND & HART LLP

5441 Kietzke Lane

Reno, NV 89511

Daniel S. Volchok

Attorney at WILMER CUTLER PICKERING HALE & DORR LLP

1875 Pennsylvania Avenue Nw

Washington, DC 20006

John F. Walsh, III

Attorney at WILMER CUTLER PICKERING HALE & DORR LLP

1225 17Th Street, Suite 2600

Denver, CO 80202

Eric P. Waeckerlin

Attorney at BROWNSTEIN HYATT FARBER SCHRECK, LLP

410 Seventeenth Street, Suite 2200

Denver, CO 80202

Steven J. Rosenbaum

Attorney at COVINGTON & BURLING LLP

One City Center, 850 Tenth Street, N.W.

Washington, DC 20001-4956

Travis S. Jordan

Attorney at WYOMING ATTORNEY GENERAL'S OFFICE

2320 Capitol Ave

Cheyenne, WY 82002

Thomas L. Sansonetti

Attorney at HOLLAND & HART, LLP

2515 Warren Avenue, Suite 450

Cheyenne, WY 82001

Bryson C. Smith

Attorney at HOLLAND & HART LLP

25 South Willow Street, Suite 200

Jackson, WY 83001

Hadassah Marie Reimer

Attorney at HOLLAND & HART LLP

P.O. Box 68, 645 South Cache Street

Jackson, WY 83001

Defendant Attorney

Michael Keith Robertson

Attorney at DOJ-ENRD

150 M Street, Ne

Washington, DC 20002

Court Documents

(Video) Economic Interests Trump Biological Diversity

#36

(#36) NOTICE of Appearance by Tannis Fox on behalf of All Plaintiffs (Fox, Tannis) (Entered: 08/11/2022)

35 #3

Exhibit Certificate of Good Standing

35 #2

Declaration

35 #1

Text of Proposed Order

35 #35

Main Document

14 #3

Text of Proposed Order Exhibit 3 - Proposed Order re Motion for Pro Hac Vice (Af

14 #2

Exhibit Exhibit 2 - Affie Ellis Certificate of Good Standing

14 #14

Main Document

#2

(#2) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests Center for Biological Diversity by CENTER FOR BIOLOGICAL DIVERSITY, WILDEARTH GUARDIANS (Tisdel, Kyle) (Entered: 06/15/2022)

1 #7

Summons U.S. Attorney General

1 #6

Summons U.S. Attorney Dist. D.C.

1 #5

Summons Tracy Stone-Manning

1 #4

Summons Bureau of Land Management

1 #3

Summons Debra Haaland

(Video) Conservation and Restoration of Wildlife Corridors and Habitat Connectivity

1 #2

Summons U.S. Department of the Interior

1 #1

Civil Cover Sheet

1 #1

Main Document

66 More Documents Available

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Docket Entries

  • 08/12/2022
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  • DocketMINUTE ORDER granting #14 , #35 Motions for Leave to Appear Pro Hac Vice as to Affie Ellis and Andrew Charles Emrich.Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Tanya S. Chutkan on 8/12/2022. (lcac) (Entered: 08/12/2022)

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  • 08/11/2022
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  • Docket(#36) NOTICE of Appearance by Tannis Fox on behalf of All Plaintiffs (Fox, Tannis) (Entered: 08/11/2022)

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  • 08/09/2022
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  • Docket(#35) MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andrew Charles Emrich, Filing fee $ 100, receipt number ADCDC-9430887. Fee Status: Fee Paid. by PEAK POWDER RIVER RESOURCES, LLC. (Attachments: #1 Text of Proposed Order, #2 Declaration, #3 Exhibit Certificate of Good Standing)(Sansonetti, Thomas) (Entered: 08/09/2022)

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  • 08/05/2022
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  • Docket(#34) NOTICE of Appearance by Bryson C. Smith on behalf of Peak Powder River Resources, LLC (Smith, Bryson) (Entered: 08/05/2022)

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  • 08/05/2022
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  • Docket(#33) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Peak Powder River Resources, LLC (Sansonetti, Thomas) (Entered: 08/05/2022)

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  • 08/05/2022
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  • Docket(#32) Unopposed MOTION to Intervene by Peak Powder River Resources, LLC. (Attachments: #1 Exhibit Proposed Answer, #2 Declaration, #3 Text of Proposed Order)(Sansonetti, Thomas) (Entered: 08/05/2022)

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  • 08/05/2022
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  • Docket(#31) NOTICE of Lodging of Proposed Answer by CHEVRON U.S.A. INC., CHEVRON U.S.A. INC. (Attachments: #1 Proposed Answer to Multistate Complaint)(Reimer, Hadassah) (Entered: 08/05/2022)

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  • 08/04/2022
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  • Docket(#30) NOTICE of Appearance by Sean Marotta on behalf of CHEVRON U.S.A. INC., CHEVRON U.S.A. INC. (Marotta, Sean) (Entered: 08/04/2022)

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  • 08/04/2022
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  • Docket(#29) NOTICE of Appearance by Catherine Emily Stetson on behalf of CHEVRON U.S.A. INC., CHEVRON U.S.A. INC. (Stetson, Catherine) (Entered: 08/04/2022)

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  • 08/02/2022
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  • Docket(#28) NOTICE of Appearance by Travis S. Jordan on behalf of STATE OF WYOMING (Jordan, Travis) (Entered: 08/02/2022)

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  • 07/01/2022
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  • Docket(#9) NOTICE of Appearance by John F. Walsh, III on behalf of ANADARKO E&P ONSHORE LLC, OXY USA INC., OXY USA WTP LP (Walsh, John) (Entered: 07/01/2022)

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  • 07/01/2022
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  • Docket(#8) MOTION to Intervene in Support of Defendants, by OXY USA INC., OXY USA WTP LP, ANADARKO E&P ONSHORE LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Volchok, Daniel) (Entered: 07/01/2022)

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  • 07/01/2022
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  • Docket(#7) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEBRA HAALAND served on 6/21/2022; TRACY STONE-MANNING served on 6/21/2022; U.S. BUREAU OF LAND MANAGEMENT served on 6/21/2022; U.S. DEPARTMENT OF THE INTERIOR served on 6/21/2022 (Attachments: #1 Affidavit of Mailing, #2 Certified Mail Receipts)(Tisdel, Kyle) (Entered: 07/01/2022)

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  • 07/01/2022
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  • Docket(#6) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/21/2022. (Attachments: #1 Affidavit of Mailing, #2 Certified Mail Receipts)(Tisdel, Kyle) (Entered: 07/01/2022)

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  • 07/01/2022
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  • Docket(#5) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/21/2022. Answer due for ALL FEDERAL DEFENDANTS by 8/20/2022. (Attachments: #1 Affidavit of Mailing, #2 Certified Mail Receipts)(Tisdel, Kyle) (Entered: 07/01/2022)

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  • 06/15/2022
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  • Docket(#4) SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zsb) (Entered: 06/15/2022)

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(Video) The United States Court of Appeals for the DC Circuit
  • 06/15/2022
  • DocketCase Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 06/15/2022)

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  • 06/15/2022
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  • Docket(#3) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests WildEarth Guardians by CENTER FOR BIOLOGICAL DIVERSITY, WILDEARTH GUARDIANS (Tisdel, Kyle) (Entered: 06/15/2022)

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  • 06/15/2022
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  • Docket(#2) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests Center for Biological Diversity by CENTER FOR BIOLOGICAL DIVERSITY, WILDEARTH GUARDIANS (Tisdel, Kyle) (Entered: 06/15/2022)

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  • 06/15/2022
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  • Docket(#1) COMPLAINT against BUREAU OF LAND MANAGEMENT, DEBRA HAALAND, TRACY STONE-MANNING, U.S. DEPARTMENT OF THE INTERIOR ( Filing fee $ 402 receipt number ADCDC-9308315) filed by CENTER FOR BIOLOGICAL DIVERSITY, WILDEARTH GUARDIANS. (Attachments: #1 Civil Cover Sheet, #2 Summons U.S. Department of the Interior, #3 Summons Debra Haaland, #4 Summons Bureau of Land Management, #5 Summons Tracy Stone-Manning, #6 Summons U.S. Attorney Dist. D.C., #7 Summons U.S. Attorney General)(Tisdel, Kyle) (Entered: 06/15/2022)

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CENTER FOR BIOLOGICAL DIVERSITY et al v. U.S. DEPARTMENT OF THE INTERIOR et al (1)

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Why is this public record being published online?

Case Type:

Other - Environment

Case Category:

Civil

Description:

Cases involving environmental matters

NOS Code:

893, 1893, 2289, 2893, 3893, 4893

Code Section:

Various Environmental ActsHazardous Materials Transportation Act (HMTA) - 49 USC 5101-5127

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