ELR Citation: 54 ELR 20124
No(s). CV-24-08154-PCT-DJH (D. Ariz. Aug 22, 2024) (Humetewa, J.)

A district court granted an Indian tribe's motion for a temporary restraining order (TRO) in a challenge to BLM's approval of a lithium mine exploration project in Arizona. The tribe argued BLM violated the National Historic Preservation Act (NHPA) when it found that no historical properties were affected, and violated NEPA by failing to consider a reasonable range of alternatives and failing to take a "hard look" at impacts on water resources. The court found the tribe was likely to suffer irreparable injury as the next phase of drilling was already scheduled to take place on lands adjacent to a medicinal spring sacred to the tribe, and that the tribe had raised sufficiently serious questions regarding BLM's compliance with NHPA to justify a TRO. It temporarily enjoined BLM from authorizing or allowing any ground disturbance, construction, operation, or other activity approved for the project.