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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

PIT RIVER TRIBE, ET AL.,

Plaintiffs,

v.

BUREAU OF LAND MANAGEMENT, ET 

AL.,

Defendants.

No. 2:04-cv-00956 JAM-AC

ORDER RE: CROSS-MOTIONS FOR 

SUMMARY JUDGMENT AND REMEDY 

ORDER

The parties cross-motions for summary judgment were heard on 

April 19, 2016. After considering the arguments of the parties, 

the Court issued an oral ruling from the bench granting summary 

judgment on Plaintiffs’ First Cause of Action and ordering the 

parties to submit additional briefing on other matters taken 

under submission including the proper remedy. After considering 

the parties additional briefs, the Court enters the following 

orders:

1. The May 18, 1998 decision by the Bureau of Land 

Management (“BLM”) granting continuances of the 26 leases 

(“Leases”) committed to the Glass Mountain Geothermal Unit in the 

Medicine Lake Highlands for up to 40 years pursuant to former 

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section 1005(a) of the Geothermal Steam Act, 30 U.S.C. § 1005(a), 

is vacated and set aside. 5 U.S.C. § 706(2).

2. The decision of whether to extend or cancel the 26 

Leases is remanded to the BLM. The May 18, 1998 decision 

vacating prior extensions of 24 of the Leases is also remanded to 

the BLM for further consideration. To the extent that BLM 

desires to reconsider extension of the Leases it must do so in 

accordance with this Order and the Ninth Circuit’s decision in 

Pit River Tribe v. Bureau of Land Management, 793 F.3d 1147 (9th

Cir. 2015). 

3. If BLM elects to reconsider extension of the Leases 

under other provisions of the Geothermal Steam Act, including 

former sections 1005(c) and 1005(g), 30 U.S.C. § 1005(c) and 

1005(g), BLM shall apply the current Geothermal Steam Act and its 

implementing regulations when determining whether the Leases are 

eligible for or entitled to extensions.

4. If BLM elects to proceed with a new extension decision 

for the Leases under other provisions of the Geothermal Steam 

Act, the legal and factual basis for any such decision shall be 

set forth in a new decision document, with timely notice to 

Plaintiffs.

5. Any lease extension or continuation granted on remand 

shall be effective as of the date it is issued by BLM.

6. If BLM grants any lease extension or continuation on 

remand and believes it is not required to prepare an 

environmental impact statement under NEPA or to engage in tribal 

consultation under the NHPA before granting such a lease 

extension, it shall set forth the legal and factual basis for any 

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such belief in a new decision document with timely notice to 

Plaintiffs.

7. Any judicial action challenging BLM’s actions on remand 

shall be commenced by filing a new complaint initiating a new 

case.

8. The continuance of Lease CACA 12372 for up to forty 

years pursuant to 30 U.S.C. § 1005(a) (AR 18832) is not affected 

by this ORDER.

9. Plaintiffs’ motion for summary judgment on the Second, 

Third and Fourth Causes of Action is denied and judgment on those 

claims is entered for Defendants.

10. Nothing in this Order addresses or affects any 

contractual claims and damages between Defendants Calpine 

Corporation and BLM.

11. Defendants’ motion to strike (Doc #132) the Declaration 

of Deborah Sivas in Support of Plaintiffs’ Motion for Summary 

Judgment (Doc #131-1) is DENIED.

IT IS SO ORDERED.

Dated: August 1, 2016

Case 2:04-cv-00956-JAM-AC Document 144 Filed 08/02/16 Page 3 of 3