Oregon Natural Desert Ass'n v. Carolyn Freeborn

MEMORANDUM

Oregon Natural Desert Association and Western Watersheds Project (collectively ONDA) appeal the district court’s grant of summary judgment in favor of the Bureau of Land Management (BLM) and BLM officials. The district court held that ONDA’s National Environmental Protection Act (NEPA) challenge to BLM’s March 2010 decisions regarding grazing management in the Louse Canyon Geographic Management Area of southeastern Oregon was rendered moot by BLM’s subsequent December 2010 grazing management decisions. Because ONDA’s challenge is not moot, we reverse and remand.

1. The BLM’s December 2010 decisions left challenged conditions from the March 2010 decisions still in effect: (1) conditions on the use of already-built range projects and (2) conditions on the reissuance of grazing permits. Both had initially been authorized by the BLM in its July 2005 grazing management decisions. In its June 2010 amended complaint, ONDA challenged the use of already-built range projects by requesting that the court enter an injunction to remove designated projects. ONDA also challenged the reissuance of grazing permits by requesting that the March 2010 decisions (which renewed the July…