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Case Summary Citation

Oregon Natural Desert Association v. Jewell, ­___ F.3d ___, 2016 U.S. App. LEXIS 9642, 2016 WL 3033674 (9th Cir. May 26, 2016)

Abstract

In Oregon Natural Desert Association v. Jewell, the Ninth Circuit invalidated the BLM’s environmental review, finding that the agency based its approval of a wind-energy development on inaccurate scientific analysis. In negating the BLM’s action, the court held that flawed data and indefensible reasoning were discordant with NEPA’s central tenets. Furthermore, the court did not hold the BLM responsible for addressing a distinct environmental issue that was not brought to its attention during the public comment period.

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