Robert W. Hall v. Gale A. Norton, Secretary of the Interior United States Department of the Interior

Pro se Plaintiff Robert W. Hall, a resident of Las Vegas, Nevada, brought this action against the Secretary of the Interi- or, alleging that the Bureau of Land Management (BLM), in approving an exchange of public land in the Las Vegas Valley for environmentally sensitive land owned by Del Webb Conservation Corporation (Del Webb), violated the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 -4370e, and the Clean Air Act, 42 U.S.C. §§ 7401 -7671q. The district court granted summary judgment in favor of the Secretary, ruling that (1) it lacked subject matter jurisdiction over the Clean Air Act claim; and (2) Hall lacked standing to bring the NEPA claim. In this appeal, Hall challenges both of these rulings. Hall also contends that the district court abused its discretion when it denied his request for discovery on his NEPA claim and violated his due process rights when the court granted summary judgment without holding a hearing.

We affirm the district court’s determination that it lacked subject matter jurisdiction over Hall’s Clean Air Act claim. However, we reverse the district court’s determination that Hall lacked standing and remand for further consideration on the…