Free
Message: Judge Du Ruling out…

 Thanks WB, it looks like a GO to me, with BLM/LAC fixing a few things...

"...CONCLUSION:

The Court notes that the parties made several arguments and cited to several cases not discussed above. The Court has reviewed these arguments and cases and determines that they do not warrant discussion as they do not affect the outcome of the motions before the Court.

It is therefore ordered that Environmental Plaintiffs’ motion for summary judgment (ECF No. 202) is granted in part, and denied in part, as specified herein. It is further ordered that the Burns Paiute Tribe’s motion for summary judgment (ECF No. 203) is denied as specified herein.

It is further ordered that Rancher Plaintiffs’ motion for summary judgment (ECF No. 204) is granted in part, and denied in part, as specified herein. It is further ordered that RSIC’s motion for summary judgment (ECF No. 205) is denied as specified herein.

It is further ordered that Lithium Nevada’s counter motion for summary judgment (ECF No. 241) as to Rancher Plaintiffs’ claims is granted in part, and denied in part, as specified herein. It is further ordered that Lithium Nevada’s cross motion for summary judgment (ECF No. 242) as to Environmental Plaintiffs’ claims is granted in part, and denied in part, as specified herein.

It is further ordered that Federal Defendants’ cross motions for summary judgment (ECF Nos. 227, 237, 238) are granted in part, and denied in part, as specified herein. It is further ordered that Lithium Nevada’s cross motions for summary judgment as to Tribal Plaintiffs’ claims (ECF No. 230) are granted as specified herein.

It is further ordered that this case is remanded—but without vacatur of the Record of Decision—to BLM to determine whether Lithium Nevada possesses valid rights to the 94 (9th Cir. 2012).

However, the Court declines to reach this argument because it does not need to in order to adequately support its decision that remand without vacatur is appropriate here. Case 3:21-cv-00080-MMD-CLB Document 279 Filed 02/06/23 Page 48 of 49 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 waste dump and mine tailings land it intends to use for the Project to support BLM’s decision to issue the ROD described herein.

The Clerk of Court is directed to enter judgment accordingly and close this case. DATED THIS 6 th Day of February 2023."

 

Share
New Message
Please login to post a reply