ELR Citation: 53 ELR 20145
No(s). 22-cv-2506 (CRC) (D.D.C. Sep 6, 2023) (Cooper, J.)

A district court dismissed a mining company's challenge to DOI's cancellation of two leases for a proposed copper and nickel mine in Superior National Forest. The company argued the cancellation violated the company's right to successive lease renewals and to be free from government action that is arbitrary or capricious, and that BLM's dismissal of the company's mining plan of operations appeal violated the APA because the rationale for dismissal was premised on the invalid lease cancellation. DOI moved to dismiss for lack of subject matter jurisdiction, asserting that the Tucker Act, not the APA, governed since the company's objection to the lease cancellation was a disguised contract claim. The court found that the only sources of the company's asserted rights were its underlying lease agreements with DOI, and that it lacked jurisdiction over both claims. It granted DOI's motion to dismiss.