Ninth Circuit Upholds Decision That Struck Down Trump Administration Sage-Grouse Leasing

On the eve of the second Trump administration, the Ninth Circuit Court of Appeals today upheld a 2020 decision that struck down the basis for the previous Trump administration’s oil and gas leasing on more than a million acres of public lands in key habitat for sage grouse, an iconic bird species of the Western United States.

At issue was the first Trump administration’s attempt to gut a key part of the Bureau of Land Management’s (BLM) 2015 sage grouse plan, which was the result of a historic effort that brought to the table conservationists, sportsmen, representatives for ranching and energy industries and government officials in an attempt to save the sage-grouse from extinction. The plans required the Bureau to “prioritize” oil and gas leasing outside of sage-grouse habitat, but the Trump administration effectively nullified that mandate by limiting its application to situations where the government lacked sufficient personnel time to process all leasing applications.

The Ninth Circuit today affirmed the district court’s invalidation of 158 oil and gas leases for violating the “prioritization” requirement. The court ruled that the BLM plans’ mandate for prioritizing leasing outside of key sage-grouse habitat “requires affirmative action by the agency to promote and encourage leasing outside of sage-grouse habitat,” and necessitates “independent agency determinations of which parcels to offer for oil and gas leases.”

“We are gratified by the 9^th Circuit decision,” said Earthjustice attorney Michael Freeman, who represents the conservation groups. “The court recognized that the Bureau violated the law by failing to direct new oil and gas leasing away from sage-grouse habitat. Coming on the eve of a second Trump administration, today’s ruling underscores how important it is to avoid oil and gas leasing and drilling in the last best habitat for this imperiled species.”

“This decision is an important reminder that there are certain landscapes too important to the survival of Greater sage-grouse to be leased for oil and gas development,” said Bailey Brennan, public lands counsel at the National Wildlife Federation. “The Bureau of Land Management must heed this decision as it considers where to prioritize development moving forward.”

“Today’s decision shows yet again that the oil and gas industry does not possess the unchecked right to hold dominion over all else on America’s treasured public lands,” said Ben Tettlebaum, director and senior staff attorney with The Wilderness Society. “Going forward, BLM must prioritize management of those lands to protect this iconic bird and the habitat it depends on.”

“This decision is a major step forward in protecting sage-grouse habitat and ensuring that science, not politics, guides wildlife management,” said Frank Szollosi, executive director of the Montana Wildlife Federation. “Montanans know the value of these lands — not just for sage-grouse but for mule deer, pronghorn, and countless other species that rely on intact sagebrush ecosystems. We’re committed to holding agencies accountable and ensuring that public lands remain a cornerstone of Montana’s outdoor heritage for generations to come.”

“We have always had a great interest in the conservation of the Greater sage-grouse and sagebrush habitat, which is one of the most imperiled ecosystem types in the West,” said Larry Berrin, executive director with Montana Audubon. “Our hope is that this decision will have significant and lasting conservation benefits for the Greater sage-grouse and a host of other sagebrush-dependent species in the West.”

The decision came in a lawsuit filed by Earthjustice on behalf of the Montana Wildlife Federation, the Wilderness Society, National Audubon Society, National Wildlife Federation, and Montana Audubon.

Background

Sage-grouse once numbered in the millions across the western United States, but the bird’s populations have plummeted in recent decades. BLM’s 2015 conservation plans aimed to make a listing under the Endangered Species Act unnecessary, by protecting important sage-grouse habitat on public lands in 10 western states. One of the key provisions is a requirement to “prioritize” new leasing outside of important habitat, in order to reduce future oil and gas development in that habitat.

In December 2017, however, BLM issued an Instruction Memorandum (the IM), which “re-interpreted” the prioritization requirement to effectively eliminate it. Under that policy reversal, BLM has leased millions of acres of sage-grouse habitat for drilling in Montana, Wyoming, Nevada, and other states.

The 2020 district court ruling invalidated the IM as violating the terms of the 2015 sage-grouse plans. The court also struck down three lease sales in Montana and Wyoming on the same basis. The Bureau and other parties did not appeal the invalidation of the Montana sales, but did appeal the Wyoming lease sale ruling and the invalidation of the IM.