Bisson

Desert Citizens Against Pollution v. Bisson

Good Law
231 F.3d 1172·2000 WL 1656332
United States Court of Appeals for the Ninth CircuitNovember 6, 2000No. 97-55429California8,006 words

Opinion

Lead Opinion

Hug, J.

We review the district court’s rulings on an action brought by three environmental organizations under, the Federal Land Policy and Management Act (“FLPMA”), 43 U.S.C. § 1701 et seq. Desert Citizens Against Pollution, Sierra Club, and Desert Protective Council (collectively, “Desert Citizens”) challenge a decision by the Bureau of Land Management (“BLM”) to enter into a land exchange with interve-nors Gold Fields Mining Corporation and its subsidiary, Arid Operations, Inc. (“Gold Fields”). The companies plan to construct a landfill on the federal lands in Imperial County, California which are subject to the exchange (“selected lands”). Desert Citizens alleges that by relying on an outdated appraisal that undervalued the federal lands, BLM failed to comply with Section 206(b) of FLPMA, which requires that the lands involved in an exchange be of equal market value or that the exchange be made equal through cash payment. 43 U.S.C. § 1716 (b). 1 The district court dis *1175 missed the action on the ground that Desert Citizens lacked standing, and in the alternative, denied Desert Citizens’ motion for a preliminary injunction. We have jurisdiction under 28 U.S.C. § 1291 and §…

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