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Onrc Action Blue Mountain Native Forest Alliance Oregon Natural Desert Association Portland Audubon Society Kettle Range Conservation Group v. Bureau of Land Management William Smith Properties, Inc. Individually and on Behalf of Affected Landowners, Defendant-Intervenor-Appellee, Clearwater Land Exchange, Defendant-Intervenor-Appellee

Citations: 150 F.3d 1132; 28 Envtl. L. Rep. (Envtl. Law Inst.) 21404; 98 Cal. Daily Op. Serv. 5841; 98 Daily Journal DAR 8125; 1998 U.S. App. LEXIS 17150Docket: 97-35467

Court: Court of Appeals for the Ninth Circuit; July 29, 1998; Federal Appellate Court

Narrative Opinion Summary

The case involves a lawsuit filed by the Oregon Natural Resources Council (ONRC) and other environmental organizations against the Bureau of Land Management (BLM), alleging violations of the National Environmental Policy Act (NEPA) and the Federal Land Policy and Management Act (FLPMA) under the Administrative Procedure Act (APA). ONRC claimed that BLM failed to halt actions pending the completion of the Eastside Environmental Impact Statement (EIS), arguing that BLM's inaction violated its obligations under NEPA and FLPMA. The district court dismissed the lawsuit, concluding that ONRC did not identify a 'final agency action' challengeable under the APA and thus lacked standing. The court determined that the existing Resource Management Plans (RMPs) were valid program statements under NEPA and that BLM's response to ONRC’s petition did not constitute a final agency action. Despite ONRC's arguments citing regional impacts and precedents for judicial review of inaction, the court found no specific, deliberate decision by BLM nor a clear statutory duty that could be enforced. Consequently, the dismissal was affirmed, with the court emphasizing the necessity of a final agency action for APA challenges and noting the lack of statutory standing due to insufficient identification of such action by ONRC.

Legal Issues Addressed

Federal Land Policy and Management Act (FLPMA) Obligations

Application: ONRC claimed BLM failed to fulfill its monitoring and updating obligations under FLPMA during the EIS process.

Reasoning: Furthermore, ONRC claims that BLM is failing to fulfill its obligations under the Federal Land Policy and Management Act (FLPMA) by not adequately monitoring and updating its management plans.

Interpretation of Resource Management Plans under NEPA

Application: The court found that existing RMPs are valid program statements under NEPA despite being outdated.

Reasoning: ONRC contends that outdated RMPs cannot be considered existing program plans under the National Environmental Policy Act (NEPA), but this argument is dismissed.

Judicial Review under the Administrative Procedure Act

Application: The court determined that the lack of a 'final agency action' precluded judicial review under the APA.

Reasoning: The district court dismissed the case, ruling that ONRC failed to identify a "final agency action" that could be challenged under the APA, leading to a conclusion that ONRC lacked standing.

National Environmental Policy Act (NEPA) Requirements

Application: ONRC argued that NEPA required BLM to halt actions pending the completion of the Eastside EIS.

Reasoning: ONRC argues that no actions should be taken that would negatively impact the environment until the EIS is completed.

Standing under the Administrative Procedure Act

Application: ONRC lacked standing due to not identifying a specific 'final agency action' by BLM.

Reasoning: Ultimately, ONRC lacks statutory standing under the Administrative Procedure Act (APA) as it has not identified a final agency action by BLM or a clear duty under NEPA or the Federal Land Policy and Management Act (FLPMA) that BLM is required to follow.