October 5, 2022

On Tuesday, the Central District of California issued an order vacating the U.S. Bureau of Land Administration (BLM) resolution permitting Cadiz Inc. to repurpose an outdated gasoline pipeline to move water throughout federal land. 

In keeping with the order, the Middle for Organic Variety, Defenders of Wildlife, the Sierra Membership, the Native American Land Conservancy and Nationwide Parks Conservation Affiliation initiated the current litigation in opposition to the Division of the Inside and the BLM searching for declaratory and injunctive aid to dam the bureau’s resolution granting Cadiz a proper of solution to transport water by way of an current, however unused, 64-mile pure gasoline pipeline that runs throughout the Mojave Desert.

An related press launch by the Middle for Organic Variety states that the BLM resolution to approve the pipeline was issued throughout the remaining days of the Trump administration in December 2020. 

Within the plaintiff’s criticism, they argued that BLM fast-tracked the traditional assessment course of to grant Cadiz the suitable of means that didn’t adjust to the Nationwide Historic Preservation Act and the Nationwide Environmental Coverage Act. Additional, the plaintiffs argued that the BLM resolution was arbitrary, capricious, an abuse of discretion or in any other case not in accordance with legislation such that it violated the Administrative Process Act.

Moreover, the present Division of the Inside and BLM filed a movement for voluntary remand stating they agreed with the plaintiffs and that the case ought to be for additional company consideration. Additional, the defendants acknowledged that when BLM made the choice it didn’t adequately analyze the potential environmental impacts of granting the right-of-way underneath the Nationwide Historic Preservation Act and Nationwide Environmental Coverage Act. Nevertheless, Cadiz filed an opposition in opposition to each the plaintiffs and the defendants to stop the remand to BLM for additional consideration. 
After in depth briefings by the events, the court docket granted the movement for voluntary remand and vacated the choice granting the suitable of solution to Cadiz.

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The Middle for Organic Variety’s press launch states that the court docket’s order will give the BLM the chance to stop disruptive pumping and transport of groundwater. The plaintiffs are represented by their in-house counsel, Brownstein Hyatt Farber Schreck, LLP and Earthjustice.