Western Watersheds Project v. James Kenna

MEMORANDUM

Western Watersheds Project appeals the district court’s grant of summary judgment in favor of the Bureau of Land Management (“BLM”) on its claims under the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 , et seq. We review de novo the district court’s grant of summary judgment, Citizens for Better Forestry v. U.S. Dep’t of Agriculture, 341 F.3d 961, 969 (9th Cir.2003), and we affirm. Because the parties are familiar with the history of this case, we need not recount it here.

I

Western Watersheds Project challenges the adequacy of the BLM’s Resource Management Plan (“RMP”) prepared by the BLM pursuant to the Federal Land Policy and Management Act of 1976, 43 U.S.C. § 1701 et seq., and an Environmental Impact Statement (“EIS”) prepared for five allotments within the 1.3 million acres of land administered by the BLM’s Yuma Field office in Southwestern Arizona and Southeastern California (the “planning area”). The RMP for the planning area qualified as a “major Federal action significantly affecting the quality of the human environment.” See 42 U.S.C. § 4332 (2)(c); 43 C.F.R. § 1601.0-6 . Thus, NEPA required that an EIS be prepared. 42 U.S.C. § 4332…