Center for Biological Diversity et al v. Leverette et al
1:20CV02132 (D DC)
U.S. Department of Agriculture
Forest Service
William J. Snaoe, III, Marc D. Fink and Allison N. Melton
210,000.00
Court
Null
Failure to consider the cumulative impacts of the prospecting permits along with all past, present, and reasonably foreseeable future actions prior to issuing the prospecting permits. Consider whether the extension of the prospecting permits, and Twin Metals’ Mine Plan of Operations, preference right lease applications, and/or new permit applications are cumulative and/or connected actions that must be considered together. Consider and address relevant new science and information, prior to issuing the prospecting permits. Prepare and environmental assessment (EA) or environmental impact statement (EIS) prior to issuing the prospecting permits.
1)Failure to consult with the FWS and ensure no jeopardy to listed species and no adverse modification or destruction of critical habitat, prior to issuing the prospecting permits. Specifically, concerning the Canada lynx, gray wolf, and northern long-eared bat. 2) Reinitiate and complete consultation on the ongoing impacts of the hard rock minerals prospecting permits on the Superior National Forest, concerning the gray wolf, northern long-eared bat. 3) The BLM violated its own regulations in issuing the prospecting permits. Specifically, pursuant to the BLM’s regulations, in order to extend a prospecting permit, the BLM must prove that (a) the mining company “explored with reasonable diligence,” and was unable to determine the existence and workability of a valuable deposit covered by their permit, or (b) that the permittee’s failure to perform diligent prospecting activities was due to conditions beyond their control. 43 C.F.R. § 3505.62(a).
Failed to comply with NEPA by not conducting an Environmental Assessment. The BLM violated its own regulations in issuing the prospecting permits.