Federal judge in Idaho holds that BLM rule changes opening lands within federally-recognized sage-grouse habitat to oil & gas leases were procedurally invalid under the APA, voids changes and vacates leases washingtonpost.com/climate-enviro…
Kudos to the WaPo for including a link to the decision, which is here biologicaldiversity.org/species/birds/…
Another good example of how the Trump Admin's efforts to cut red tape are failing b/c it can't take basic steps to comply with law—BLM failed to have any notice and comment period, which is expressly required by the APA, so the change was doomed from the beginning 
It's also invalid under the Fed Land Policy & Management Act and National Environmental Protection Act b/c it all but eliminates public participation in the decision making process
And b/c BLM had no reasoning or justification for its decision to eliminate public participation, the rule change was also arbitrary and capricious
These decisions make me giggle b/c I remember learning about the APA and NEPA in law school and I was like, 'So all they have to do is let people comment and provide a reason for their decision, and it'll get upheld? That doesn't give any protection at all!'
And yet here we are.
And yet here we are.
