Ninth Circuit Rejects Havasupai/Kaibab Paiute Challenge to Uranium Mine

Here is the opinion in Center for Biological Diversity v. Salazar. From the court’s summary:

The panel affirmed the district court’s judgment in favor of the Secretary of the Interior and the U.S. Bureau of Land Management in an action challenging the decision to allow Denison Mines Corp. to restart mining operations at the Arizona 1 Mine. As a threshold issue, the panel held that a decision made by a prior panel of this court affirming the district court’s denial of appellants’ preliminary injunction motion did not  become law of the case as to any issue. The panel held that the Bureau of Land Management did not violate the National Environmental Policy Act, the Federal Land Policy and Management Act, and BLM’s own regulations, by permitting Denison Mines to restart mining operations under a plan of operations that BLM approved in 1988. The panel also held that BLM’s update of the Arizona 1 Mine reclamation bond should not be set aside. Finally, the panel held that BLM’s application of the categorical exclusion for issuance of the  Robinson Wash gravel permit was not arbitrary and capricious or otherwise not in accordance with law.

Briefs and materials here.

Materials in Ninth Circuit Challenge to Uranium Mine Permit by Havasupai Nation

Here are the Ninth Circuit briefs in Center for Biological Diversity v. Salazar (Arizona 1 Mine):

CBD Opening Brief

Denison Mines Answer Brief

Federal Answer Brief

Oral argument audio here.

Lower court materials here.

Materials in prior appeal here.

Federal Court Denies Injunction in Desert Eagle Delisting Challenge

Here are the materials in Center for Biological Diversity v. Salazar (D. Ariz.):

DCT Order Denying Injunction on Desert Eagle Delisting

San Carlos Apache Brief

Interior Brief

CBD Brief

Ninth Circuit Affirms Denial of Preliminary Injunction in Uranium Mining Case Involving Kaibab Paiute and Havasupai Tribes

Here is the court’s unpublished order in Center for Biological Diversity v. Salazar.

The briefs:

Center for Biologicial Diversity et al Opening Brief

Answering Brief of Federal Appellees

Denison Mines Answer Brief

Center for Biologicial Diversity et al Reply Brief