NM Wins Round In Otero Mesa NEPA Appeal

Law360, New York (April 28, 2009, 12:00 AM EDT) -- The U.S. Court of Appeals for the Tenth Circuit has found that the Bureau of Land Management did not properly investigate the environmental impact of leasing land in New Mexico’s Otero Mesa for oil and gas development as required by the National Environmental Policy Act, partly overturning a lower court ruling.

In the mixed ruling, passed down on Tuesday, the appeals court overturned the district court’s conclusion that the BLM complied with NEPA during its plan level analysis and affirmed the lower court’s finding that BLM...
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