Living Rivers v. Bernhardt

Filing Date: 2019
Case Categories:
Principal Laws:
Administrative Procedure Act (APA), Endangered Species Act (ESA), National Environmental Policy Act (NEPA)
Description: Lawsuit challenging approval of rights-of-way for construction and operation of commercial-scale oil-shale mine and processing plant.
  • Living Rivers v. Bernhardt
    Docket number(s): 4:19-cv-00041
    Court/Admin Entity: D. Utah
    Case Documents:
    Filing Date Type File Action Taken Summary
    06/17/2020 Brief Download Opening brief filed by plaintiffs.
    02/26/2020 Complaint Download Amended and supplemental complaint filed.
    06/26/2019 Motion to Intervene Download Motion to intervene filed by Enefit American Oil Co.
    05/16/2019 Complaint Download Complaint filed. Environmental Groups Filed Suit Alleging NEPA Climate Analysis for Oil-Shale Mine and Processing Plant Was Inadequate. Environmental and conservation groups filed a lawsuit in federal court in Utah challenging the U.S. Department of the Interior’s approval of rights-of-way that would enable construction and operation of commercial-scale oil-shale mine and processing plant. The complaint asserted claims under the National Environmental Policy Act (NEPA) and the Endangered Species Act. With respect to climate change, the plaintiffs alleged that the U.S. Bureau of Land Management’s analysis of climate change impacts was inadequate and failed entirely to consider the climate impacts of end-use combustion of synthetic oil carried by the pipeline associated with part of the project.