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Cadiz Mojave Groundwater Bank Pipeline Approval Challenged by Native American Tribes

The U.S. Bureau of Land Management has renewed its approval for Cadiz Inc. to use a decommissioned oil and gas pipeline across protected federal public land in the Mojave Desert for a water project, prompting two environmental advocacy organizations and two Native American tribes to file separate lawsuits. The Center for Biological Diversity and the Sierra Club claim that the bureau's decision will have a devastating impact on the fragile desert environment. They argue that using the oil and gas pipeline for water will allow Cadiz Inc. to extract far more groundwater from the desert aquifer than is replenished naturally, causing an overdraft in the affected groundwater basin and resulting in the drying up of freshwater springs critical to desert plants and animals. The relevant statutes and regulations involved in this matter include the National Environmental Policy Act (NEPA) and the Federal Land Policy and Management Act (FLPMA), which govern the use of federal public land. The Bureau of Land Management's decision is also subject to review under the Administrative Procedure Act (APA). The key parties involved in this case are Cadiz Inc., the Center for Biological Diversity, the Sierra Club, and the two Native American tribes that have joined the lawsuit. Practitioners should monitor this case as it may set a precedent for the use of decommissioned pipelines for water projects on federal public land. Practitioners should also be aware of the potential implications of this decision on the environment and the rights of indigenous communities. The outcome of this matter is not yet reported, but it is likely to have significant legal and environmental consequences.

29 Jul