A federal judge Friday ruled that the Trump administration broke the law by clearing the way for Cadiz Inc. to build a water pipeline across federal land.
Environmental groups challenged the agency’s about-face in court, winning a favorable ruling from U.S. District Judge George Wu.The judge, who sits in the Central District of California, rejected the BLM’s argument that under 1875 railroad law, any use could be approved along a federal right of way as long as it did not interfere with the railroad. Courts have consistently found that right-of-way uses should further railroad purposes, Wu wrote.
“The Court would hold that the BLM had the duty to provide a reasoned explanation for why it disregarded certain facts from the 2015 Determination in its conclusion that the component parts of the Cadiz Pipeline furthered railroad purposes. Because the 2017 Determination provided no explanation for reversal, the Court would find it arbitrary and capricious,” the ruling says.Cadiz CEO Scott Slater called Wu’s decision a procedural matter that the BLM could easily remedy.
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