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Greater Yellowstone Coalition v. Lewis, No. 09-35729

By FindLaw Staff on December 29, 2010 2:44 PM

Environmental Challenge to Mine Expansion

In Greater Yellowstone Coalition v. Lewis, No. 09-35729, an action claiming that the expansion of a mine would violate the National Environmental Policy Act, the Clean Water Act (CWA), and the National Forest Management Act (NFMA), the court affirmed summary judgment for defendants where 1) the CWA and NFMA did not require the Bureau of Land Management (BLM) to identify additional possible sources of pollution; and 2) the record showed that the BLM examined all the relevant evidence.

As the court wrote:  "Greater Yellowstone Coalition, Natural Resources Defense Council, Sierra Club, and Defenders of Wildlife (collectively "Greater Yellowstone") appeal the district court grant of summary judgment on Greater Yellowstone's action claiming that the expansion of the J .R. Simplot Smoky Canyon Mine would violate the National Environmental Policy Act ("NEPA"), the Clean Water Act ("CWA"), and the National Forest Management Act ("NFMA"). We have jurisdiction under 28 U.S.C. § 1291, and we affirm."

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