Ninth Circuit Affirms Interior’s Decision to Authorize Gold Mine on Mt. Tenabo

Matthew L.M. Fletcher

Here is the order in Te-Moak Tribe of Western Shoshone Indians of Nevada v. Dept. of Interior:

CA9 Unpublished Memorandum w Dissent

An excerpt from the dissent:

The BLM’s analysis of why E.O. 13007 did not apply was faulty for three reasons: the analysis failed to recognize that comments regarding the proposal did point to the area where the mine is being built as an area in which worship occurs; it demanded quantification of that use as a condition of Executive Order coverage, when no such quantification is necessary; and it required greater specificity of location than comports with Shoshone religious practices. As to the last point, to require greater specificity would interfere with Shoshone religious practices, as those practices appear to regard certain recognized natural areas, rather than specific set locations, as places for worship.

Briefs are here.

3 thoughts on “Ninth Circuit Affirms Interior’s Decision to Authorize Gold Mine on Mt. Tenabo”

  1. helen March 27, 2014 / 3:05 pm

    This is an erosion of sacred sites protections generally. It is clear the issue stems from the zealot overarching policies to exploit all public lands for purposes of private monetary gains….

  3. Pingback: Ninth Circuit Denies Motion to Publish Opinion in Te-Moak v. Interior | Turtle Talk

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