Diné Citizens Against Ruining Our Environment et al. v. U.S. Bureau of Land Management et al.

In March 2015, we challenged the Bureau of Land Management (BLM) after it issued new permits for horizontal drilling and hydraulic fracturing (fracking) of wells in the Greater Chaco region of northwestern New Mexico. The lands that surround the Chaco Culture National Historical Park, a UNESCO World Heritage Site, are home to cultural treasures and ancient ceremonial roads. Indigenous communities use this area for traditional and spiritual practices and regard the entire ancestral landscape as culturally significant.

NRDC partnered with local and tribal organizations in an effort to protect these sacred sites, including Diné Citizens Against Ruining Our Environment, located on the Navajo Nation. We alleged that the BLM violated the National Environmental Policy Act (NEPA) in its failure to consider the impacts of horizontal drilling and fracking on the environment prior to issuing drilling permits. We also alleged that the BLM violated the National Historic Preservation Act by failing to consult with Indigenous Peoples prior to approving fracking. When the U.S. District Court of New Mexico declined to stop the BLM from approving any drilling permits until the agency complied with the law, we appealed the decision to the U.S. Court of Appeals for the 10th Circuit.

In May 2019, in a major win for our coalition, the Tenth Circuit Court of Appeals found that the BLM failed to comply with NEPA when it approved the horizontal drilling and fracking of shale oil wells in the Mancos Shale formation in Greater Chaco. These wells are located in close proximity to the Chaco Culture National Historical Park, Chacoan Outliers, and Chaco Culture Archaeological Protection Sites. All told, the court reversed the approval of 25 drilling permits—and the case has implications for future oil and gas approvals.

Following the May 2019 victory, BLM sought to remedy deficiencies in its environmental reviews for a number of drilling permits in the area—including the five environmental assessments (EA) challenged in the original case and 81 additional EAs that the agency identified as potentially defective. Under a new but related challenge, Diné Citizens Against Ruining Our Environment once again challenged the BLM’s actions and conclusion, arguing that the court should reverse or stop approval of 370 drilling permits.

On February 1, 2023, the 10th Circuit once again agreed—in part—with Diné Citizens Against Ruining Our Environment, holding that 199 of the 370 challenged permits that were granted were in violation of NEPA. The 161 remaining permits had not yet been issued and were thus not ripe for review at the time the case was heard.

NRDC supports permanent protection of the area and meaningful government-to-government consultation with Indigenous Peoples. Our coalition will continue to advocate the Biden administration for tribal voices to be heard—and for it to rectify the damage done under the Trump administration’s relentless push for fossil fuel extraction.