Pending solar applications are not subject to the decisions made through the Record of Decision (ROD) for the Solar PEIS.
The BLM defines “pending” applications as any applications (regardless of place in line) filed within proposed variance and/or exclusion areas before the publication of the Supplement to the Draft Solar PEIS (October 28, 2011), and any applications filed within proposed solar energy zones (SEZs) before June 30, 2009.
Pending applications will not be subject to any decisions adopted by the Solar PEIS ROD. The BLM will process pending solar applications consistent with land use plan decisions in place prior to amendment by the Solar PEIS ROD and other current or future policies and procedures (e.g., Solar Energy Rental Policy IM 2017-096 and Compensatory Mitigation Policy IM 2019-018).
Amendments to pending applications would also not be subject to the decisions adopted by the Solar PEIS ROD provided such amendments either:
The list of pending applications has been greatly reduced in number since publication of the Final Solar PEIS in 2012, as projects were closed/withdrawn by applicants, rejected/denied by the BLM due to factors such as lack of due diligence, or approved by the BLM. As of November 2018, there were five remaining pending applications, two in California and three in Nevada.