The US District Court for the District of Colorado held Wednesday that the Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) by failing to take a hard look at the reasonably foreseeable impact of certain aspects of the Bull Mountain Master Development Plan.
The Bull Mountain Master Development Plan approved the development of 146 natural gas wells, four water disposal wells, and associated infrastructure near Bull Mountain in Gunnison County, Colorado. Citizens for a Healthy Community, and other conservation groups, sued the BLM alleging that the agency failed to take a hard look at the impact of the proposed development as required by the NEPA.
Under NEPA, federal agencies must ‘include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on,’ in relevant part, the environmental impact of the proposed action and alternatives to the proposed action.
The District Court found that in drafting the Bull Mountain Master Development Plan the BLM violated the NEPA in that the agency:
Failed to comply with NEPA by not taking a hard look at the reasonably foreseeable indirect impacts of oil and gas.
Failed to comply with NEPA by not taking [a] hard look at the cumulative impacts on mule deer and elk.
The court ordered the parties to attempt to reach an agreement on remedying the two issues and deferred a final ruling on remedies. Citizens for a Healthy Community issued a press release praising the ruling.