Center for Biological Diversity, et al v. Salazar, et al

Plaintiffs contended that the BLM violated the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1701 et seq., and its own regulations, 43 C.F.R. 3809 et seq., by permitting Denison to restart mining operations at the Arizona 1 Mine in 2009, after a 17-year hiatus, under a plan of operations that BLM approved in 1988. The court concluded that the prior panel did not intend that its brief affirmation of a preliminary injunction denial become law of the case; BLM’s decision to allow Denison to resume mining under the 1988 plan of operations was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; because the 1988 plan had been approved, BLM’s obligation under NEPA had been fulfilled and therefore, BLM did not unlawfully withhold required agency action; BLM’s update of the reclamation bond should not be set aside as not in accordance with law or without observance of procedure required by law as plaintiffs contended; BLM’s invocation of the categorical exclusion was not arbitrary and capricious or otherwise not in accordance with law. Accordingly, the court affirmed the district court’s judgment.

Center for Biological Diversity, et al v. Salazar, et al