In an action claiming that the Bureau of Land Managementss (BLM) approval of a land exchange transferring ownership of a certain parcel to a mining company violated the National Environmental Policy Act (NEPA), summary judgment for defendants is reversed where the Final Environmental Impact Statement prepared by the BLM contained no comparative analysis of the environmental consequences for the different alternatives proposed and thus violated the NEPA.
Argued and Submitted July 17, 2009
Filed September 14, 2009
Opinion by Judge W. Fletcher
Dissent by Judge Tallman
Edward S. Geldermann, U.S. Department of Justice, Washington, DC
Mark R. Haag, U.S. Department of Justice, Washington, DC