ELR Citation: ELR 20181
No(s). 08-388 (D. Idaho Aug 4, 2009)

A district court upheld the expansion of a phosphate mine in the Caribou National Forest into two new parcels that have not been previously subject to phosphate mining. Environmental groups argued that BLM and the U.S. Forest Service violated several statutes in approving the expansion, including NEPA, the CWA, CERCLA, and the Mineral Leasing Act. But plaintiffs, the public, and other state and federal agencies had the opportunity to comment on the mine expansion. As a result of those comments and the agencies' response, the ultimate action is more protective of the environment than it would have been without the process. Moreover, with the stringent monitoring requirements and safeguards in place, expansion appears to strike a reasonable balance between the mining company's mining efforts and its employees, local farmers and communities, and other stakeholders affected by the expansion.

[A prior decision in this litigation can be found at 39 ELR 20094]