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Maui asserted causes of action for public nuisance, private nuisance, strict liability failure to warn, negligent failure to warn, and trespass. According to the judge, the claims are not justiciable because they allege “an overly broad and unquantifiable number of actions and inactions on the part of the Defendants.”
The District of Utah held that the lease suspensions merely maintained the status quo and therefore were not major federal actions subject to NEPA; the conservation groups therefore lacked standing. Tenth Circuit Abated WildEarth Guardians’ Appeal of Decision Upholding NEPA Review for NewMexico Oil and Gas Leases.
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