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NATIVE VILLAGE OF NUIQSUT v. BUREAU OF LAND MGMT.

No. 20-35224.

9 F.4th 1201 (2021)

NATIVE VILLAGE OF NUIQSUT; Alaska Wilderness League; Friends of the Earth; Natural Resources Defense Council; Sierra Club, Plaintiffs-Appellants, and Center for Biological Diversity, Plaintiff, v. BUREAU OF LAND MANAGEMENT; Debra Haaland, in her official capacity as Secretary of the Interior; Chad Padgett, in his official capacity as Alaska State Director of the Bureau of Land Management; Nichelle Jones, in her official capacity as District Manager of the Bureau of Land Management Arctic District Office, Defendants-Appellees, ConocoPhillips Alaska, Inc., Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2021.

Attorney(s) appearing for the Case

Jeremy Lieb (argued) and Rebecca Noblin , Earthjustice, Anchorage, Alaska; Eric P. Jorgensen , Earthjustice, Juneau, Alaska; Garett R. Rose , Natural Resources Defense Council, Washington, D.C.; for Plaintiff-Appellant.

Amelia G. Yowell (argued) and Andrew C. Mergen , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jean E. Williams , Principal Deputy Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Michael Gieryic , Attorney-Advisor, Office of the Solicitor, United States Department of the Interior, Washington, D.C.; for Defendants-Appellees.

Jason T. Morgan (argued) and Ryan P. Steen , Stoel Rives LLP, Seattle, Washington, for Intervenor-Defendant-Appellee.

Before: MILAN D. SMITH, JR. and JOHN B. OWENS, Circuit Judges, and EDUARDO C. ROBRENO, District Judge.

OPINION

In 2018, the Bureau of Land Management (BLM) approved a winter drilling exploration program for ConocoPhillips Alaska, Inc. (ConocoPhillips) in the National Petroleum Reserve-Alaska (Petroleum Reserve). In connection with its approval of ConocoPhillips's exploration program, the BLM issued an environmental...

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