United States Ninth Circuit

Summary judgment for defendants is affirmed, where: 1) The Bureau of Land Management (BLM) did not violate the National Environmental Policy Act, the Federal Land Policy and Management Act, or its own regulations, by permitting Denison Mines to restart mining operations at the Arizona 1 Mine, after a seventeen-year hiatus, under a plan of operations that BLM approved in 1988, where the regulations expressly provide for periods of temporary cessation of mining activities; 2) BLM's update of the Arizona 1 Mine reclamation bond should not be set aside; and 3) BLM's invocation of the categorical exclusion for issuance of the gravel permit was not arbitrary and capricious or otherwise not in accordance with law.

Appellate Information

• Decided 02/04/2013
• Published 02/04/2013

Judges

• WALLACE

Court

• United States Ninth Circuit

Counsel