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Message: Great interchange OTB re: Nuts and Bolts of the Judge Du Dulemma

Francisco posed the question OTB: "Could someone explain what judge du ruling is on"?

rkeeb, Roy, gave a great reply:

"I don't have a specific link at hand but you could find one as easily as I could, I expect. In a nutshell she's ruling on the legality of the process the BLM did in approving the major federal permits that they granted. The plaintiffs are arguing the the process was illegal basically because of insufficient consultation in everything from the Indian tribes they consulted with to considerations of harm to sage grouse and/or existing water rights, depending on the plaintiff. She's not ruling on the "merits" of the mine, be that the merits to the strategic positioning of the US for lithium supplies, or the environmental harm the mine might cause (outside of the specifics of the water/sage grouse issue being addressed)."

Francisco responded to Roy's answer:  "Thanks Roy. I am reviewing the final EIS/EIA from the BLM website and I am finding nothing but positive things about the way LAC did approach the 3 mentioned things in your response sent to me. Tribes had several opportunities to be part of the EIS process, it is mentioned in chapter 6. This itself covers more close to a 2 year period. Sage Grouse, is covered in appendix N, this is about 30 pages long. Finally, water rights is covered in appendix P. I think and hope to have a positive ruling favoring LAC soon. I am not an expert, but have extensive work in the environmental field."

The Du Decision (DD) remains seminal to the successful future of LAC's Thacker Pass mine.  We are fortunate that it won't be long to find out just how the tea leaves are arranged on that decision.  Someone has pointed out, however, that it probably won't be on the order of a Crossing the Rubicon moment since it is expected that the legal beagles from the other side will file appeals if the decision goes in favor of LAC in order to continue their efforts to delay the actual start of construction on site at Thacker Pass.  Even so, the DD will, at the very least, bring LAC one very important step forward in the process should the DD tilt in LAC's favor as Roy, Francisco and many other LAC watchers and investors project it will do.

Truly:  Onward into the FOG!

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