Description: Challenge to authorization of a lease for development, construction, operation, and maintenance of renewable energy generation facilities, including 60 wind turbines.
-
Backcountry Against Dumps v. U.S. Bureau of Indian Affairs
Case Documents:
Filing Date Type File Action Taken Summary 10/27/2022 Memorandum Download Dismissal of complaint affirmed. Ninth Circuit Agreed that Tribe Was Necessary Party in Challenge to Wind Energy Lease. The Ninth Circuit Court of Appeals affirmed the dismissal of a lawsuit against the Bureau of Indian Affairs challenging the authorization of a wind energy lease between the Campo Band of Diegueño Mission Indians and a renewable energy company. The Ninth Circuit noted that it was uncontested that the Band could not be joined in the lawsuit because of its sovereign immunity and agreed with the district court’s conclusion that the Band was a necessary party because the action’s disposition could affect the Band’s sovereign and economic interests, which would not be adequately represented by other parties to the lawsuit. The complaint’s allegations included that the federal defendants failed to disclose the project’s entire life cycle greenhouse gas emissions. 07/15/2022 Reply Download Reply brief filed by appellants. 05/24/2022 Brief Download Answering brief filed by federal appellees. 05/24/2022 Brief Download Answering brief filed by intervenor-defendant-appellee Terra-Gen Development Co. 05/24/2022 Brief Download Answering brief filed by Campo Band of Diegueno Mission Indians. 02/22/2022 Brief Download Opening brief filed by appellants. -
Backcountry Against Dumps v. U.S. Bureau of Indian Affairs
Case Documents:
Filing Date Type File Action Taken Summary 08/12/2021 Notice of Appeal Download Notice of appeal filed by plaintiffs. 08/06/2021 Order Download Motion to dismiss granted, plaintiffs' evidentiary objections overruled, plaintiffs' motion to strike denied, and other motions dismissed as moot. Tribal Sovereign Immunity Compelled Dismissal of Challenge to Wind Energy Lease in California. The federal district court for the Southern District of California dismissed a lawsuit challenging the U.S. Bureau of Indian Affairs’ (BIA’s) approval of a lease between the Campo Band of Diegueno Mission Indians (the Tribe) and a renewable energy company for development of a wind energy project. The plaintiffs alleged, among other things, that the environmental impact statement failed to consider the project’s entire life cycle greenhouse gas emissions. In its order dismissing the case, the court concluded that the Tribe was a necessary party that could not be joined due to tribal sovereign immunity. The court further found that allowing the case to proceed absent the Tribe would prejudice the Tribe, and that the developer and BIA could not adequately represent the Tribe’s interests. Given this “unmitigable prejudice,” the court concluded “that this litigation cannot, in good conscience, continue in the Tribe’s absence.” The court rejected the plaintiffs’ contention that the action should be allowed to proceed under the “public rights” exception for litigation that transcends private interests and seeks to vindicate a public right. The plaintiffs appealed the court’s decision, which also overruled certain evidentiary objections and a motion to strike by the plaintiffs. 01/22/2021 Complaint Download First amended and supplemental complaint filed. -
Backcountry Against Dumps v. U.S. Bureau of Indian Affairs
Case Documents:
Filing Date Type File Action Taken Summary 11/19/2020 Order Case closed and transferred to the Southern District of California. 11/09/2020 Order Download Motion to intervene granted. 10/28/2020 Stipulation Download Stipulated request filed requesting that court grant motions to transfer and intervene. 08/28/2020 Joinder Download Proposed intervenor-defendant Terra-Gen Development Company, LLC filed proposed joinder in federal defendants' motion for transfer of venue to the Southern District of California. 08/14/2020 Motion to Intervene Download Motion to intervene filed by Terra-Gen Development Company, LLC. 08/12/2020 Motion Download Motion to transfer to the Southern District of California filed by federal defendants. 07/08/2020 Complaint Download Complaint filed. Lawsuit Alleged Failure to Consider Wind Farm’s Life Cycle Greenhouse Gas Impacts. A lawsuit filed in the federal district court for the Eastern District of California asserted that the U.S. Bureau of Indian Affairs failed to fully address harms to the Campo Band of Diegueño Mission Indians and the surrounding community when it authorized a lease for development, construction, operation, and maintenance of renewable energy generation facilities, including 60 wind turbines. The complaint—which alleged violations of the National Environmental Policy Act, the Migratory Bird Treaty Act, and the Bald Eagle and Golden Eagle Protection Act—alleged that the environmental impact statement “paints a rosy picture” of global warming impacts but that its analysis failed to calculate the project’s entire life cycle greenhouse gas emissions, including all life cycle emissions from construction activities.