ELR Citation: 54 ELR 20126
No(s). CIV 20-0924 JB/GBW (D.N.M. Aug 27, 2024) (Browning, J.)

A district court largely upheld BLM's approval of a proposed dolomite mining project near the Florida Mountains in New Mexico. Environmental groups challenged the approval, arguing BLM violated NEPA by failing to adequately consider adverse effects on water, air, wildlife, a wilderness study area, and other resources. The court found BLM took the requisite "hard look" at reasonably foreseeable air quality and water quantity impacts from the mine's off-site processing mill as well as impacts of transporting magnesium ore from the mine to the mill, and adequately considered reasonable alternatives; but that it failed take a "hard look" at water quality impacts arising from the mill, namely pollution from magnesium sludge. It remanded the EA and FONSI to BLM to remedy the water quality impacts analysis.