Judge tosses environmentalists’ challenge to California oil and gas permitting over standing issues

Environmental groups claimed the Bureau of Land Management allowed new wells on public land without obeying existing law.SAN FRANCISCO (CN) — A federal judge delivered a win to the Bureau of Land Management on Wednesday, ruling that environmental groups challenging the federal government over oil and gas drilling on public lands lack standing to pursue their claims.U.S. District Judge Jennifer Thurston concluded the plaintiff groups, including the Center for Biological Diversity and Sierra Club, did not have organizational or associational standing to sue the bureau over what they say is unlawful permitting in Southern California.In her 11-page order, the Joe Biden appointee compared the groups’ claim that they would be better able to participate in the bureau’s decision-making process if the lawsuit succeeded to arguments made by anti-abortion organizations in FDA v. Alliance for Hippocratic Medicine.In that case, the Supreme Court ruled unanimously that the groups lacked standing to sue the Food and Drug Administration over its approval of abortion pills, concluding that their impaired ability to provide services “does not work to demonstrate standing.”“The advocacy organizations who were the plaintiffs in Alliance for Hippocratic Medicine relied on the same types of allegations and the same theory of standing,” Thurston wrote, adding that the Supreme Court’s ruling “is decisive here.”As for associational standing, the judge found that the plaintiff groups’ claims were too generic and did not identify any members who would have standing to sue in their own right, such as individuals who have visited or would visit the areas where the wells would be drilled or who have health concerns related to emissions from the wells.“The plaintiff organizations may very well have members who will likely suffer injuries in fact that would give them standing, but it is not possible to say that is true without resorting to speculation about their members,” she said.Thurston granted the motion to dismiss without prejudice, leaving the door open for the plaintiffs to file an amended complaint. She also denied the plaintiffs’ motions for summary judgment and reconsideration on jurisdictional grounds.Representatives for the parties did not immediately respond to a request for comment.The plaintiff groups sued the Bureau of Land Management last February, arguing that its permitting violated the Clean Air Act and the National Environmental Policy Act, among other laws. They say the San Joaquin Valley is one of the most polluted regions in the nation, with oil and gas extraction a major contributor. The groups claim the bureau has regularly allowed new wells on public land without complying with existing laws or accounting for pollution before approving new drilling.According to the Center for Biological Diversity, the bureau failed to properly examine the cumulative harm its permitting approvals would cause to area communities and the environment. Specifically, the group says the bureau failed to analyze the potential damage from about 30 new wells approved over the previous two months. Most of those wells would be near homes, in violation of the state’s new oil and gas setback regulations.Additionally, the bureau approved the wells without allowing public comment, the center said.Earthjustice represents the plaintiffs, including the Center for Biological Diversity, The Wilderness Society, Friends of the Earth, Sierra Club and Central California Asthma Collaborative.Chevron and Holmes Western Oil Corporation are also named as defendants.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads