Wilderness Society v. U.S. Bureau of Land Management

MEMORANDUM

The Wilderness Society (TWS) and other plaintiffs appeal the dismissal of their action challenging land management plans developed by the Bureau of Land Management (BLM) for the Grand Canyon-Parashant and Vermilion Cliffs National Monuments. TWS argues that the agency violated the proclamations and applicable statutes and regulations in developing the plans. The district court granted summary judgment to BLM, which we review de novo. Pit River Tribe v. U.S. Forest Serv., 469 F.3d 768 , 778 (9th Cir.2006). Because we conclude that the decisions of BLM were not “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law,” 5 U.S.C. § 706 (2)(a), we affirm.

BLM did not violate the proclamations by permitting moderate to minor damage to some monument objects. The proclamations establish the monuments “for the purpose of protecting the objects,” but also allow other uses such as grazing and public visitation. BLM interpreted the proclamations to permit balancing the protection of monument objects with other uses, rather than require absolute protection of each individual object. Giving the deference we owe to BLM’s interpretation, we conclude…