DINÉ CITIZENS AGAINST RUINING ENV'T v. BERNHARDT

No. 18-2089.

923 F.3d 831 (2019)

DINE CITIZENS AGAINST RUINING OUR ENVIRONMENT; San Juan Citizens Alliance; WildEarth Guardians; Natural Resources Defense Council, Plaintiffs-Appellants, v. David BERNHARDT, in His Official Capacity as Acting Secretary of the United States Department of the Interior; United States Bureau of Land Management, an Agency Within the United States Department of the Interior; Neil Kornze, in His Official Capacity as Director of the United States Bureau of Land Management, Defendants-Appellees, and DJR Energy Holdings, LLC; BP America Production Company; American Petroleum Institute; Anschutz Exploration Corporation; Enduring Resources IV, LLC, Intervenor Defendants-Appellees, and ConocoPhillips Company; Burlington Resources Oil & Gas Company LP, Intervenor Defendants. All Pueblo Council of Governors; National Trust for Historic Preservation; Navajo Allottees; Alice Benally; Lilly Comanche; Virginia Harrison; Samuel Harrison; Dolora Hesuse; Verna Martinez; Loyce Phoenix, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED May 7, 2019.


Attorney(s) appearing for the Case

Samantha Ruscavage-Barz , WildEarth Guardians, Santa Fe, New Mexico ( Kyle J. Tisdel , Western Environmental Law Center, Taos, New Mexico, with her on the briefs), appearing for Appellants.

Avi Kupfer , U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C. ( Michael C. Williams , Of Counsel, Attorney-Advisor, Office of the Solicitor, U.S. Department of the Interior, Clare M. Boronow , and Mark R. Haag , U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., on the brief), for the Defendants-Appellees.

Hadassah M. Reimer , Holland & Hart LLP, Jackson, Wyoming ( Stephen G. Masciocchi , and John F. Shepherd , Holland & Hart LLP, Denver, Colorado, Bradford Berge , Holland & Hart LLP, Santa Fe, New Mexico, Rebecca W. Watson , Welborn Sullivan Meck & Tooley, P.C., Denver, Colorado, Stephen Rosenbaum , Covington & Burling, LLP, Washington, D.C., and Jon J. Indall , Comeau Maldegen Templeman & Indall LLP, Santa Fe, New Mexico, with her on the brief), appearing for Intervenors-Appellees.

Before BRISCOE, McKAY, and HOLMES, Circuit Judges.


In this case, we are asked to decide whether the Bureau of Land Management violated the National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA) in granting more than 300 applications for permits to drill horizontal, multi-stage hydraulically fracked wells in the Mancos Shale area of the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases