The latest bid by conservationists and tribal leaders to block construction of a huge lithium mine already in the works along the Nevada-Oregon line was denied by the 9th U.S. Circuit Court of Appeals on Monday.
A three-panel judge of the San Francisco-based appellate court rejected a half-dozen arguments the opponents had put forth in their appeal seeking to overturn federal land managers’ approval of the project.
On Monday, the judges didn’t specifically address the claims that the project fails to comply with a new opinion the 9th Circuit issued last year that blocked a copper mine in Arizona based on a more stringent interpretation of the 1872 Mining Law regarding the use of neighboring lands to dispose of waste.
The bureau approved the mine in 2021 on an accelerated basis under Donald Trump’s administration. The Biden administration has continued to embrace it in an effort to ramp up U.S. production of lithium needed for electric vehicles that are an integral part of his clean energy agenda. Their lawyers had argued that Du illegally exceeded her authority when she refused to revoke the mine’s operation plan in March despite her conclusion that federal land managers had violated the law in approving parts of it.
The 9th Circuit ruling Monday said Du applied the proper legal standard and found the bureau’s sole error in approving the project “weighed against” vacating the entire approval of the mine partly because “there was at least a serious possibility that the be able to substantiate its decision on remand.”
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