Pit River Tribe v. Bureau of Land Management

MEMORANDUM OF OPINION AND ORDER

The Pit River Tribe, joined by two other groups, challenges the decision-making process followed by the Bureau of Land Management (“BLM”) and the United States Forest Service in connection with a geothermal lease to Calpine Corporation on BLM lands near Medicine Lake, California. Calpine proposes to build a geothermal power plant on the lease lands, at a location known as Fourmile Hill. Plaintiffs ask the court to set aside the leases, thereby putting a stop to the proposed power plant. They bring suit under the National Environmental Policy Act (“NEPA”), the National Historic Preservation Act (“NHPA”), the Geothermal Steam Act, the National Forest Management Act (“NFMA”), and the Administrative Procedure Act (“APA”). Additionally, the Tribe alleges violations of the federal government’s trust obligations. The parties have filed cross-motions for summary judgment.

I. Facts and Procedural History

A. The Medicine Lake Highlands and the Pit River Tribe

The lead plaintiff is the Pit River Tribe (“Tribe”), a federally registered Indian tribe. The Tribe has lived in Northern California and Southern Oregon for thousands of years. (Pis.’ Mot. for PSJ at…