Pit River Tribe, et al v. Bureau of Land Mgmt, et al

Filing 155

ORDER signed by District Judge John A. Mendez on 01/27/17 ORDERING that the 149 Motion to Amend is GRANTED and enters the following Amended Order re Cross-Motions for Summary Judgment and Remedy: The 05/18/98 decision by the BLM granting contin uances of the 26 leases committed to the Glass Mountain Geothermal Unit in the Medicine Lake Highlands for up to 40 years is VACATED and SET ASIDE; the decision of whether to extend or cancel the 26 Leases is REMANDED to the BLM; the 05/18/98 decisi on vacating prior extensions of 24 of the leases is also REMANDED to the BLM; any judicial action challenging BLM's actions on remand shall be commenced by filing a new complaint initiating a new case; the continuance of Lease CACA 12372 for up to 40 years is NOT affected by this Amended Order; the Court need not and does not reach Plaintiffs' motion for summary judgment on the Second, Third and Fourth Causes of Action, which are rendered MOOT by vacatur of the 05/18/98 lease continuance decision; Defendants' 132 Motion to Strike is DENIED. (Benson, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PIT RIVER TRIBE, ET AL.,

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Plaintiffs,

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v.
BUREAU OF LAND MANAGEMENT, ET
AL.,

No.

2:04-cv-00956 JAM-AC

ORDER GRANTING PLAINTIFFS’
MOTION TO AMEND THE JUDGMENT AND
AMENDED ORDER RE CROSS-MOTIONS
FOR SUMMARY JUDGMENT AND REMEDY

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Defendants.
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Having considered Plaintiffs’ Motion to Amend the Judgment

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(ECF No. 149), Defendants’ opposition (ECF No. 152) and

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Plaintiffs’ reply in support of their motion (ECF No. 153) and

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good cause appearing therefor, the Court hereby GRANTS the Motion

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to Amend and enters the following Amended Order re Cross-Motions

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for Summary Judgment and Remedy.

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The parties cross-motions for summary judgment were heard on

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April 19, 2016.

After considering the arguments of the parties,

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the Court issued an oral ruling from the bench granting summary

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judgment on Plaintiffs’ First Cause of Action and ordering the

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parties to submit additional briefing on other matters taken

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under submission including the proper remedy.
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In its original

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Order (ECF No. 144), this Court intentionally did not opine on

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the applicability, meaning or interpretation of section 1005(c)

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or 1005(g), 30 U.S.C. §§ 1005(c) and 1005(g).

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concludes that the Leases can lawfully be extended under these or

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any other provision of the Geothermal Steam Act it must first

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make such a finding and issue a new lease extension based on that

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finding in accordance with this Amended Order.

If, on remand, BLM

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The Court recognized that the 2005 Amendments to the

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Geothermal Steam Act created a further issue as to whether the

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Amendments should be applied retroactively and, if so, whether

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BLM would be required to comply with NEPA and NHPA, including by

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consulting with affected tribes.

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finds that it erred in ordering that BLM shall apply the current

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Geothermal Steam Act and its implementing regulations when

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determining whether the Leases are eligible for or entitled to

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extensions.

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ripe for decision by this Court after BLM has made a final

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decision to extend the leases and produced a record of such

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decision for this Court to review. The Court further finds that

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the issue of the effective date of any lease extension or

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continuation also is not ripe for decision until after BLM has

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made a decision to extend or continue the Leases and stated its

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reasons therefor.

Upon reconsideration, the Court

The issue of retroactive application only becomes

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The Court also finds upon reconsideration that it erred in

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granting Defendants’ motion for summary judgment on the Second,

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Third and Fourth Causes of Action and that the record reflects

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that the Court concluded that it did not need to reach these

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claims given its decision on the First Cause of Action.
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Accordingly, the Court hereby amends it previous Order Re

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Cross-Motions for Summary Judgment and Remand (ECF No. 144) and

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now enters the following orders:

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The May 18, 1998 decision by the Bureau of Land

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Management (“BLM”) granting continuances of the 26 leases

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(“Leases) committed to the Glass Mountain Geothermal Unit in the

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Medicine Lake Highlands for up to 40 years pursuant to former

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section 1005(a) of the Geothermal Steam Act, 30 U.S.C. § 1005(a),

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is vacated and set aside.

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2.

5 U.S.C. § 706(2).

The decision of whether to extend or cancel the 26

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Leases is remanded to the BLM.

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vacating prior extensions of 24 of the leases is also remanded to

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the BLM for further consideration.

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desires to reconsider extension of the Leases it must do so in

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accordance with this Amended Order and Ninth Circuit’s decision

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in Pit River Tribe v. Bureau of Land Management, 793 F.3d 1147

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(9th Cir. 2015).

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3.

The May 18, 1998 decision

To the extent that BLM

If BLM elects to reconsider extension of the Leases,

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BLM shall apply the Geothermal Steam Act and its implementing

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regulations in effect on May 18, 1998 when determining whether

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the Leases are eligible for or entitled to extensions.

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If BLM elects to proceed with a new extension decision

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for the Leases under other provisions of the Geothermal Steam

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Act, the legal and factual basis for any such decision shall be

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set forth in a new decision document, with timely notice to

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Plaintiffs.

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5.

If BLM grants any lease extension or continuation on

remand and believes it is not required to prepare an
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environmental impact statement under NEPA or to engage in tribal

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consultation under the NHPA before granting such a lease

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extension, it shall set forth the legal and factual basis for any

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such belief in a new decision document with timely notice to

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Plaintiffs.

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Any judicial action challenging BLM’s actions on remand

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shall be commenced by filing a new complaint initiating a new

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case.

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7.

The continuance of Lease CACA 12372 for up to forty

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years pursuant to 30 U.S.C. § 1005(a) (AR 18832) is not affected

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by this Amended Order.

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8.

Based on the Court’s ruling on the First Cause of

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Action, the Court Need Not and Does Not Reach Plaintiffs’ motion

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for summary judgment on the Second, Third and Fourth Causes of

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Action, which are rendered moot by vacatur of the May 18, 1998

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lease continuance decision.

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9.

Nothing in this Amended Order addresses or affects any

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contractual claims and damages between Defendants Calpine

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Corporation and BLM.

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10.

Defendants’ motion to strike (Doc #132) the Declaration

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of Deborah Sivas in Support of Plaintiffs’ Motion for Summary

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Judgment (Doc #131-1) is DENIED.

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IT IS SO ORDERED.
Dated: January 27, 2017

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