ELR Citation: 53 ELR 20088
No(s). 4:21-cv-00182-BLW (D. Idaho Jun 2, 2023) (Winmill, J.)

A district court vacated BLM's final EIS and 2019 record of decision (ROD) that approved an open-pit phosphate mine in southeast Idaho. Environmental groups had argued the ROD and final EIS upon which it was based violated NEPA, FLPMA, and the CWA. The court granted summary judgment in part for the groups, but deferred ruling on the appropriate remedy. On that issue, the groups argued the ROD and final EIS should be vacated. BLM sought remand without vacatur, claiming a more tailored remedy was warranted. The court found vacatur was warranted because of the seriousness of BLM's errors—failing to properly analyze direct, indirect, and cumulative impacts to the greater sage-grouse population and habitat, and failing to consider the indirect effect of processing ore from the mine at a nearby plant. It vacated the final EIS and ROD, and all decisions made in reliance on them.