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Western Exploration LLC v. U.S. Department of the Interior

ELR Citation: 46 ELR 20008
Nos. 3:15-cv-00491, (D. Nev., 01/05/2016) (Du)

A district court refused to preliminarily enjoin federal land use restrictions intended to protect the greater sage grouse. Mining companies, the state of Nevada, and other plaintiffs filed suit challenging BLM's and the U.S. Forest Service's decisions to amend their resource management plans to provide greater protection to the bird and its habitat. They sought to preliminarily enjoin the restrictions pending the outcome of the litigation. To show irreparable harm, the plaintiffs argued that the restrictions will cause a delay in the approval of a water district's application to expand an existing right-of-way to replace a leaking water storage tank. But the court disagreed. At best, they have shown that the water district would have to work under a more condensed schedule that may pose some practical constraints. Because they failed to demonstrate irreparable harm, the motion was denied.