In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.

Recommended Citation

WildEarth Guardians v. United States Bureau of Land Management, 2018 U.S. Dist. 322 F. Supp.3d 1134 (D. Colo. April 23, 2018)



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