ELR Citation: ELR 20046
No(s). CV02-02196 (D. Nev. Dec 30, 2004)

A Nevada court upheld a county decision denying a company's request for a special use permit to mine clay from two open pits on federal land north of Reno, Nevada, and to build a plant to produce cat litter on private land nearby. The Mining Law of 1872 and federal regulations don't exempt the project from state or county environmental oversight. The county's denial of the permit was not a per se ban on all mining operations on public land. Nor should the county have treated the mining plan and processing plant as separate projects. At no time did the company seek to bifurcate the permit application.