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Great Basin Resource Watch v. Bureau of Land Management

ELR Citation: 47 ELR 20003
Nos. 1416812, (9th Cir., 12/28/2016)

The Ninth Circuit held that BLM violated NEPA when it approved a proposed molybdenum mining operation near Eureka, Nevada. Environmental groups filed suit against BLM, challenging the agency's analysis of the project's cumulative air impacts and the baseline levels of certain air pollutants, and the final EIS' discussion of funding for long-term mitigation and reclamation. The appellate court held that BLM's discussion of long-term mitigation in the final EIS was "reasonably complete," but found that the selection of baseline levels of certain air pollutants was unreasonable and its analysis of cumulative air impacts was deficient. The court therefore affirmed in part, reversed in part, and vacated in part the lower court's ruling and remanded for further proceedings.