ELR Citation: 53 ELR 20017
No(s). 4:21-cv-00182-BLW (D. Idaho Jan 24, 2023) (Winmill, J.)

A district court granted in part and denied in part cross-motions for summary judgment in a challenge to BLM's approval of a new open-pit phosphate mine in southeast Idaho. Environmental groups argued the approval violated NEPA, FLPMA, and the CWA. The court found BLM failed to adequately consider the indirect effects of processing ore at a nearby plant; failed to take a hard look at the direct, indirect, and cumulative impacts on greater sage-grouse; failed to consider or discuss reasons for eliminating from consideration the proposed fringe lease alternative; and unlawfully approved the haul road and utility corridor right-of-way. But it also found BLM took a sufficient look at the project's impacts on water resources; considered a reasonable range of alternatives; adequately discussed reasons for eliminating from consideration the proposed alternative to keep lease boundaries; ensured compensatory mitigation that provided a net conservation gain to sage-grouse; and did not violate state water quality rules. It granted summary judgment in part for the group and in part for BLM.