Ninth Circuit Rejects (again) Challenge to Grand Canyon Uranium Mine

Kanab North Uranium Mine, located next to Kanab Creek, a tributary to the Colorado River on the North Rim of Grand Canyon. Photo   Robin Silver.

Here is the opinion in Grand Canyon Trust v. Provencio.

Briefs here.

Pollution here:

A spring near Grand Canyon contaminated by nearby uranium mining. Photo   Kristen M. Caldon 2015,

Final Claim against Grand Canyon Uranium Mine Rejected

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

226 Enviros Motion for Summary J

233-1 Energy Motion for Summary J

234-1 Federal Motion for Summary J

237 Enviros Reply

248 Order

Prior post here.

Havasupai Tribe v. Provencio Cert Petition [Grand Canyon Mine; NHPA Consultation]



Question presented:

Section 106 of the National Historic Preservation Act (“NHPA”), 54 U.S.C. § 306108, requires federal agencies to consult with Indian tribes and other interested parties to assess and mitigate the potential adverse impacts that a project requiring federal approval may have on sites of historic and cultural significance.

The question presented here is whether the NHPA imposes a continuing obligation upon federal agencies to engage in consultation under Section 106 when an agency maintains supervision of an ongoing project, and has the opportunity to require changes to mitigate adverse impacts after the initial approval.

Lower court materials here.

Ninth Circuit Panel Amends in Grand Canyon Uranium Mine Challenge

Here is the amended opinion in Havasupai Tribe v. Provencio. En banc petition denied.

En banc and rehearing briefs here:

Grand Canyon Trust En Banc Petition

Havasupai En Banc Petition

Professors Amicus Brief

US Response

Industry Response

Panel materials and other materials here.