Nevada Federal Court Declines Reconsideration Motion in Lithium Case

Here are the new materials in Bartell Ranch LLC v. McCullough (D. Nev.):

96 Motion for Reconsideration

105 Interior Response

106 Lithium Corp Response

107 Reply

117 DCT Order Denying Reconsideration

 

Federal Court Declines to Enjoin Lithium Mine Opposed by Nevada Tribes

Here are the materials in Bartell Ranch LLC v. McCullough (D. Nev.):

28 First Amended Complaint

45 Atsa Koodakuh Wyh Nuwu People of Red Mountain Motion for PI

65 Federal Response

66 Lithium Nevada Response

71 Burns Paiute Tribe Reply

73 Reno-Sparks Indian Colony Reply

84 Federal Surreply

92 DCT Order

Micro-Response on the Presidential Authority to Terminate or Diminish National Monuments

From one of the authors of the original paper:

It is true that there have been a number of proclamations diminishing monuments in the past but none of these have been challenged in court so no court has ever passed on the legality of these actions.  Moreover, all of these actions were pre-FLPMA, which matters significantly here because FLPMA repealed the Midwest Oil decision.  A 1935 Solicitor’s Opinion relied heavily on Midwest Oil to justify proclamations that diminished monuments.  Post FLPMA, that justification is gone.

Original post here.

House Resources staff response.

Ninth Circuit Briefs in Challenge to Interior Withdrawal of Grand Canyon Lands from Uranium Mining

Here are the opening briefs in National Mining Assn. v. Jewell:

16 – Open Brief – no Addendum (Quaterra)

18 – Open Brief & Addendum (NMA)

20 – Open Brief (AEMA)

29 – Utah, AZ, NV, MT – Amicus in Favor of Reversal

Yount 9th Circuit Informal Appeal 

US Brief

Tribal Amicus

Navajo Amicus

Intervenors Response Brief 

Lower court order here; briefs here. Other materials here.

US and Industry Defeat Challenge to Uranium Mining at Grand Canyon Mine

Here are the materials in Grand Canyon Trust v. Williams (D. Ariz.):

140-1 Plaintiffs Motion for Summary J

146-1 US Motion for Summary J

147-1 Intervenors Motion for Summary J

151 Plaintiffs Reply

155 US Reply

156 Intervenors Reply

166 DCT Order

An excerpt:

This case arises out of the proposed renewal of operations at the Canyon Mine in Northern Arizona. The Canyon Mine is a breccia pipe uranium mine located six miles south of Grand Canyon National Park, in the Kaibab National Forest, and four miles north of Red Butte, a culturally and religiously significant site for the Havasupai and other tribes.

Federal Court Affirms Interior Withdrawal of Grand Canyon Lands from Uranium Mining

Here is the order in Yount v. Jewell (D. Ariz.):

Doc 238 SJ Order in Yount v Jewell 9-30-14

Briefs here. Other materials here.

Oral Argument Scheduled in Yount v. Jewell — Challenge to Secretarial Withdrawal of Lands Around Grand Canyon on Establishment Grounds

Here is the order in Yount v. Jewell (D. Ariz.):

227 Oral Argument Order

Briefs here. Prior post here.

 

 

Briefs in Mining Company Challenge to Interior Withdrawal of Lands at Grand Canyon related to Indian Sacred Sites

Here are the briefs (so far) in Yount v. Jewell (D. Ariz.):

Northwest Mining Yount Summ Jment Memo Statement of Facts (Dec 6 2013)

Quaterra Counties Summ Jment Memo Statement of Facts (Dec 6 2013)

Our prior post is here.

Environmentalist Groups Challenge to Ocotillo Wind Energy Project Fails

Here are the materials in Protect our Communities Foundation v. Salazar (S.D. Cal.):

25-1 Protect Our Communities Motion for Summary J

28-1 Goverment Cross Motion

30-1 Ocotilla Cross Motion

41 DCT Order Granting Summary J for Government

Materials on the Quechan Tribe’s efforts are here.