Center for Biological Diversity. v. BLM, et al, No. 10-72356 (9th Cir. 2012)
Annotate this CasePetitioners challenged the FWS's Biological Opinion regarding the Ruby Pipeline Project, which involved the construction, operation, and maintenance of a 42-inch-diameter natural gas pipeline extending from Wyoming to Oregon. The court set aside the Opinion as arbitrary and capricious and set aside the Record of Decisions because it relied on the invalid Opinion. The court remanded for the agency to formulate a revised Opinion that: (1) addresses the impacts, if any, of Ruby's groundwater withdrawal on listed fish species and critical habitat; and (2) categorizes and treats the Conservation Action Plan measures as "interrelated actions" or excludes any reliance on their beneficial effects in making a revised jeopardy and adverse modification.
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