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
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Case Number:
1:22-CV-01716
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Filing Date:
06/15/2022
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Case Status:
Pending - Other Pending
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Case Type:
Other - Environment
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Court:
U.S. District Courts
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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
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
Charles John Engel, III
Attorney at KING & SPALDING
1700 Pennsylvania Ave Nw, Suite 200
Washington, DC 20006
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
#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 #1
Declaration Exhibit 1 - Declaration of Affie Ellis
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
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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19 More Docket Entries
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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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- 06/15/2022
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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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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
CENTER FOR BIOLOGICAL DIVERSITY et al v. U.S. DEPARTMENT OF THE INTERIOR et al