Environmentalists and tribes sue the Bureau of Land Management over approval of Mojave Desert pipeline

The Fort Mojave and the Chemehuevi Indian Tribe, along with the Native American Land Conservancy and National Parks Conservation Association on Tuesday have filed two separate lawsuits against the U.S. Bureau of Land Management’s (BLM). Lisa Belenky, senior attorney at the Center for Biological Diversity, spoke out against the Trump administration and this recent approval. “Courts have repeatedly ruled against the Cadiz project and yet the federal government is ignoring the consequences of this disastrous groundwater pumping scheme. Desert creatures like the bighorn sheep won’t survive if key springs and seeps they need are lost. That’s why we are determined to keep fighting this ill-conceived project.” Recently, the BLM approved the use of a decommissioned oil and gas pipeline across protected federal land in the Mojave Desert. The pipeline will transport water from the Mojave Groundwater Bank to communities in San Bernardino County. It will move up to 25,000 acre-feet of water per year. Plans also mention the capacity to expand as additional Mojave Groundwater Bank facilities are developed. There are a long list of concerns with the renewed approval. Plaintiffs argue that the project will seriously damage the groundwater-dependent ecosystem, including rare freshwater springs, seeps, and riparian areas, which in turn will effect many of the desert’s inhabitants. Additionally, they claim that the BLM has “violated multiple laws and regulations in granting the right of-way for the Northern Pipeline to pump and transport water across federal lands as part of the Cadiz Project.” Additionally, the BLM has failed to “fulfill its responsibilities under the National Historic Preservation Act (NHPA) to meaningfully review the impact of its actions on cultural and historic properties and resources in, and the environment of, the Mojave Desert…”. This is not the first time a similar lawsuit has happened in recent years as four years ago, a federal judge vacated a previous permit for the use of the pipeline to transport water across a 64-mile span that runs through federal land, including the Mojave Trail National Monument. It was vacated because the BLM had failed to properly account for the environmental impacts of the groundwater pumping. This has lead many environmental rights activists to call this lawsuit a clear “groundhog day” situation. Not only will removing groundwater damage the ecosystem, the creation of the pipeline will also cause substantial environmental harm. According to many sources, Cadiz has planned extensive construction activities across public lands, 10 times larger than Disneyland. The plan includes bulldozing access roads, installing pumping infrastructure, and using heavy-duty equipment. These damaging activities will likely shatter desert habitat, as well as disturb sensitive biological resources and generate significant air pollution. Previously, BLM was criticized for its prioritization of extractive industrial interests over Indigenous land sovereignty and sacred spaces, notably regarding the Chaco Canyon drilling dispute, where the agency faced severe backlash from over 25 sovereign Indigenous nations for failing to meaningfully consult them on projects slated to take place on their ancestral lands. The plaintiffs seek a court order setting aside and vacating the bureau’s decision, with the outcome of this case remains to be seen.