Please see the strongly worded, if misguided, commentary from Judge Leon in Solonex v. Haaland, who sees 40 years of delay on a drilling permit and calls it “Kafkaesque.”It’s hard to disagree with that sentiment — though I wish the court were more understanding that tribal and Indian efforts tostop the drilling proposal began when there were virtually no legal protections for tribes and Native citizens to utilize.It’s time to acknowledge that this drilling should never have been approved over tribal and Indian objections and the RESPECT Act takes us a long way down the road to preventing this B.S. from happening over and over again.
Here is the order in Solonex LLC v. Haaland (D.D.C.):
Whether, under NEPA, an agency that carefully considers all criticisms of its environmental analysis must also “resolve” those criticisms to the court’s satisfaction to justify a finding of no significant impact; and
Whether procedural error under NEPA per se warrants remand with vacatur.