ELR Citation: 53 ELR 20056
No(s). 3:19-cv-00661-LRH-CSD (D. Nev. Mar 31, 2023) (Hicks, J.)

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to BLM's second approval of a proposed open pit mine in Nevada. The groups argued BLM failed to adequately protect federal water reserves within the mine area; violated NEPA by failing to adequately analyze direct, indirect, and cumulative impacts; and violated FLPMA by failing to adequately prevent unnecessary or undue degradation of public resources and failing to include reclamation costs and financial assurances in its record of decision. The court found BLM failed to prepare any analysis regarding whether valuable mineral deposits existed on federally protected springs, but did not violate NEPA. It granted in part and denied in part the motion, vacated the record of decision, and remanded to the agency to conduct a proper analysis.