STOP B2H COALITION v. BUREAU OF LAND MANAGEMENT

Case No. 2:19-cv-1822-SI.

552 F.Supp.3d 1101 (2021)

STOP B2H COALITION, an Oregon nonprofit corporation, Greater Hells Canyon Council, an Oregon non-profit corporation, Carol "Fuji" Kreider, an individual, Jim Kreider, an individual, and Gail Carbiener, an individual, Plaintiffs, v. BUREAU OF LAND MANAGEMENT, U.S. Department of the Interior, Jose Linares, State Director (Acting), BLM Oregon/Washington, U.S. Forest Service, and Tom Montoya, Forest Supervisor, Wallowa-Whitman National Forest, Defendants, and Idaho Power Co. and PacifiCorp, Intervenor-Defendants.

United States District Court, D. Oregon.

Signed August 4, 2021.


Attorney(s) appearing for the Case

David H. Becker , Law Office of David H. Becker, LLC, 4110 SE Hawthorne Boulevard #168, Portland, OR 97214; Oliver J. H. Stiefel and Maura C. Fahey , Crag Law Center, 3141 E. Burnside Street, Portland, OR 97214. Of Attorneys for Plaintiffs.

Paul E. Salamanca , Deputy Assistant Attorney General, and Krystal-Rose Perez , U.S. Department of Justice, Environment and Natural Resources Division, 150 M Street NE, Washington, DC 20002; Andrew A. Smith , U.S. Department of Justice, Natural Resources Section c/o United States Attorney's Office, P.O. Box 607, Albuquerque, NM 87103. Of Attorneys for Defendants.

Beth S. Ginsberg and James C. Feldman , Stoel Rives LLP, 600 University Street, Suite 3600, Seattle, WA 98101. Of Attorneys for Intervenor-Defendants.


OPINION AND ORDER

TABLE OF CONTENTS

Introduction 1113

Standards 1114

A. National Environmental Policy Act 1114

B. Federal Land Policy and Management Act 1114

C. Administrative Procedure Act 1115

D. Motion for Summary Judgment in an APA Case 1116

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