The Interior Department is offering leases to drill for oil and gas in greater sage grouse habitat using a species conservation plan nullified by a federal court last month for being too weak, according to conservation advocates.

The agency is supposed to be adhering to an Oct. 16 order by a federal judge in Idaho who temporarily suspended the Bureau of Land Management’s latest sage grouse conservation plan, which removed protections for the species on millions of acres across the West. The ruling effectively put back into effect plans written under the Obama administration for protecting the bird from increased habitat destruction by wildfires and energy development.

Environmental advocates including the Wilderness Society and the Center for Biological Diversity say BLM is implementing the ruling inconsistently. In some cases, the agency has postponed offering leases within sage grouse habitat from being sold to the public. But in others, the agency is still offering leases on land within the habitat under the terms of the relaxed conservation protections that were suspended by the court.

The Trump administration removed a subjective requirement that federal officials ensure that the species’ health and safety will be sustained if land is made available for lease within its habitat, which the rules call a “net conservation gain.” It also eliminated certain state-specific mandates, including one that made BLM prioritize offering land outside of the bird’s habitat when conducting auctions in states such as Utah and Wyoming.

Those changes were suspended by the court. However, according to an analysis of BLM data by the Wilderness Society, at least 117,000 acres of sage grouse habitat, an area slightly smaller than the city of Chicago, are available for energy leases in Colorado, Utah and Wyoming without those provisions. The parcels were offered at auction in September, after the Obama-era protections were lifted by the Trump administration but before the court ruling. Because there were no bids for parcels, they are now available for leasing on a first-come, first-served basis in accordance with federal mineral leasing law.