United States Ninth Circuit

In an action claiming that the Bureau of Land Managementss (BLM) approval of a land exchange transferring ownership of a certain parcel to a mining company violated the National Environmental Policy Act (NEPA), summary judgment for defendants is reversed where the Final Environmental Impact Statement prepared by the BLM contained no comparative analysis of the environmental consequences for the different alternatives proposed and thus violated the NEPA.

Appellate Information

• Argued 02/10/2009
• Decided 09/14/2009
• Published 09/14/2009

Judges

• WILLIAM A. FLETCHER, Circuit Judge:, Before: D.W. NELSON, W. FLETCHER and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Roger Flynn, Jeffrey C. Parsons, Western Mining Action Project, Lyons, CO, for the appellants.


• For Appellees:
  
• Edward S. Geldermann, Mark R. Haag, U.S. Department of Justice, Washington, D.C., Cynthia M. Parsons, Office of the U.S. Attorney, Phoenix, AZ, Norman Daniel James, Fennemore Craig PC, Phoenix, AZ, for the appellees.