Great Basin Resource Watch v. Bureau of Land Management

844 F.3d 1095 (2016)

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Great Basin Resource Watch v. Bureau of Land Management

United States Court of Appeals for the Ninth Circuit
844 F.3d 1095 (2016)

CR

Facts

After conducting an analysis of environmental impacts pursuant to the National Environmental Policy Act of 1969 (NEPA), the Bureau of Land Management (BLM) approved a substantial mining operation known as the Mt. Hope Project. The 80-year project was designed to include 32 years of mining on approximately 8,000 acres of public lands within Nevada. Great Basin Resource Watch and the Western Shoshone Defense Project (environmental groups) (plaintiffs) sued the BLM (defendant), arguing that the BLM violated NEPA for failing to adequately consider cumulative impacts on air quality. While the environmental-impact statement (EIS) included a few vague sentences on air quality, it did not include a detailed, quantitative analysis of each of the past, present, and reasonably foreseeable actions that could also impact air quality in the same location as the Mt. Hope Project. The district court agreed that the EIS violated NEPA, and the BLM appealed.

Rule of Law

Issue

Holding and Reasoning (Graber, J.)

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