It looks like Judge Du reversed her initial ruling on the May 3rd NDEP letter (exhibit 32) and yesterday afternoon she directed the Clerk of Courts to strike the NDEP letter from the hearing court records.  That means the BLM/LAC are 2 for 2 on legal motion requests with the court.  Let's hope this is an early indication into what may happen today for the BML & LAC. See details below.  

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 7/20/2021. Having reviewed Defendants' surreplies (ECF Nos.39 ,40 ), the Court grants Defendants' renewed motion to strike the letter from Michelle Griffin of the Nevada Department of Environmental Protection dated May 3, 2021 (ECF No. 32-4 (the "NDEP Letter")) because it is not part of the administrative record and the Court does not find that the 'bad faith' exception to the general rule that the Court may only consider evidence that is part of the administrative record applies to the NDEP Letter. The Clerk of Court is therefore directed to strike the NDEP Letter (ECF No. 32-4). (no image attached) (Copies have been distributed pursuant to the NEF - Houston, Thad)