It is BLM's objective to grant rights-of-way under the regulations in this part to any qualified individual, business, or government entity and to direct and control the use of rights-of-way on public lands in a manner that:
(a) Protects the natural resources associated with Federal lands and adjacent lands, whether private or administered by a government entity;
(b) Prevents unnecessary or undue degradation to public lands;
(c) Promotes the use of rights-of-way in common wherever practical, considering engineering and technological compatibility, national security, and land use plans; and
(d) Coordinates, to the fullest extent possible, all BLM actions under the regulations in this part with state and local governments, interested individuals, and appropriate quasi-public entities.
[70 FR 21058, Apr. 22, 2005, as amended at 89 FR 25971, Apr. 12, 2024]
Notes of Decisions
Sierra Club, Inc. v. U.S. Forest Serv., 897 F.3d 582 (4th Cir. 2018).
“" 43 C.F.R. § 2881.2 (a)-(c). 1. Practicality The MLA provides, "In order to minimize adverse environmental impacts and the proliferation of separate rights-of-way across Federal lands, the utilization of rights-of-way in common shall be required to the extent practical .”
Hammond v. Norton, 370 F. Supp. 2d 226 (D.D.C. 2005).
“” 43 C.F.R. § 2881.2 (b)(3), (c). Although the complaint eonclusorily asserts that the October 12, 2001 ROD granting Williams’ request for a right-of-way does not meet these requirements, the only specific hazard it claims the ROD leaves the environment and the public exposed to…”
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