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Center for Biological Diversity v. US Dept. of Interior, No. 07-16423

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By FindLaw Staff on September 14, 2009 4:08 PM

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.

Read Center for Biological Diversity v. US Dept. of Interior, No. 07-16423

Appellate Information

Argued and Submitted July 17, 2009

Filed September 14, 2009

Judges

Opinion by Judge W. Fletcher

Dissent by Judge Tallman

Counsel

For Appellants:

Roger Flynn, Western Mining Action Project, Lyons, CO

Jeffrey C. Parsons, Western Mining Action Project, Lyons, CO

For Appellees:

Edward S. Geldermann, U.S. Department of Justice, Washington, DC

Mark R. Haag, U.S. Department of Justice, Washington, DC

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