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Center for Biological Diversity v. U.S. Bureau of Land Management

Filing Date: 2014
Case Categories:
  • Adaptation
    • Reverse Impact Assessment
  • Federal Statutory Claims
    • NEPA
Principal Laws:
National Environmental Policy Act (NEPA)
Description: Challenge to environmental review for water-redistribution pipeline in Nevada.
  • Center for Biological Diversity v. Bureau of Land Management
    Docket number(s): 17-17152, 17-17252, 17-17263
    Court/Admin Entity: 9th Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    12/21/2017 Order Download Appellants' joint motion to dismiss appeals granted.
    12/12/2017 Motion Download Joint motion to dismiss appeals filed.
  • Center for Biological Diversity v. U.S. Bureau of Land Management
    Docket number(s): 2:14-cv-00226
    Court/Admin Entity: D. Nev.
    Case Documents:
    Filing Date Type File Action Taken Summary
    11/03/2017 Notice of Appeal Download Notice of cross-appeal filed by plaintiffs.
    11/02/2017 Notice of Appeal Download Notice of appeal filed by defendant-intervenor Southern Nevada Water Authority.
    10/20/2017 Notice of Appeal Download Notice of appeal filed by federal defendants.
    08/23/2017 Order Download Order issued granting in part and denying in part the parties' motions for summary judgment. Nevada Federal Court Rejected Claims of Inadequate Consideration of Climate Change for Water Pipeline. The federal district court for the District of Nevada largely upheld approvals for the first phase of “a massive water-redistribution pipeline” intended to carry millions of gallons of water to Nevada’s most populous county, including by rejecting the plaintiff’s argument that the U.S. Bureau of Land Management (BLM) did not take a hard look at the extent to which climate change might amplify the project’s environmental impacts. The court found that BLM adequately considered climate change impacts by generally considering global climate change and regional climate change trends. The court rejected the plaintiffs’ contention that BLM’s assessment should have included specific climate change data, finding that the plaintiffs had failed to point to any “hard data” that BLM should have included in its analysis. The court also agreed with BLM that new climate change studies indicating an increased risk of drought in the Southwest did not warrant preparation of a supplemental environmental impact statement (EIS). The court concluded that the studies provided “no new, raw data about how climate change might affect the pipeline’s environmental impact” and that BLM had already qualitatively considered the studies’ conclusions in its EIS.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.