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CENTER FOR BIOLOGICAL DIVERSITY v. SALAZAR

No. 11-17843.

706 F.3d 1085 (2013)

CENTER FOR BIOLOGICAL DIVERSITY; Grand Canyon Trust; Sierra Club; Kaibab Band of Paiute Indians; Havasupai Tribe, Plaintiffs-Appellants, v. Ken SALAZAR, Secretary of the Interior; United States Bureau of Land Management, Defendants-Appellees, and Denison Arizona Strip, LLC; Denison Mines (USA) Corp., Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 4, 2013.

Attorney(s) appearing for the Case

Neil Levine (argued), Grand Canyon Trust, Denver, CO; Amy Rae Atwood , Center for Biological Diversity, Portland, OR; Roger Flynn , Western Mining Action Project, Lyons, CO, for Appellants.

Ignacia S. Moreno , Mark R. Haag (argued), Environmental & Natural Resources Division, United States Department of Justice, Washington, DC; John L. Gaudio , United States Department of the Interior, Office of the Solicitor, Phoenix, AZ, for Federal Appellees.

Michael K. Kennedy (argued), Bradley J. Glass , David J. DePippo , Gallagher & Kennedy, P.A., Phoenix, AZ, for Intervenor-Appellees.

Before: J. CLIFFORD WALLACE and CARLOS T. BEA, Circuit Judges, and JANE A. RESTANI, Judge.

OPINION

WALLACE, Senior Circuit Judge:

Appellants Center for Biological Diversity, Grand Canyon Trust, Sierra Club, Kaibab Band of Paiute Indians, and Havasupai Tribe contend that Appellees Ken Salazar, Secretary of the Interior, and the U.S. Bureau of Land Management (collectively, BLM) violated the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., the Federal Land Policy and...

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