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GRAND CANYON TRUST v. PROVENCIO

No. 20-16401.

26 F.4th 815 (2022)

GRAND CANYON TRUST; Center for Biological Diversity; Sierra Club, Plaintiffs-Appellants, and Havasupai Tribe, Plaintiff, v. Heather PROVENCIO, Forest Supervisor, Kaibab National Forest; United States Forest Service, an agency in the U.S. Department of Agriculture, Defendants-Appellees, and Energy Fuels Resources (USA), Inc.; EFR Arizona Strip LLC, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted August 30, 2021 San Francisco, California.

Attorney(s) appearing for the Case

Aaron M. Paul (argued), Grand Canyon Trust, Denver, Colorado; Marc Fink , Center for Biological Diversity, Duluth, Minnesota; Neil Levine , Public Justice, Denver, Colorado; Roger Flynn , Western Mining Action Project, Lyons, Colorado; for Plaintiffs-Appellants.

Thekla Hansen-Young (argued), Andrew C. Mergen , Michael T. Gray , and Sean C. Duffy , Attorneys; Jean E. Williams , Acting Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Nicholas L. Pino , Attorney, Office of General Counsel, United States Department of Agriculture, Washington, D.C.; for Defendants-Appellees.

Bradley J. Glass (argued), Gallagher & Kennedy P.A., Phoenix, Arizona, for Intervenor-Defendants-Appellees.

Before: Mary M. Schroeder, Johnnie B. Rawlinson, and Jay S. Bybee, Circuit Judges.

OPINION

This dispute concerns Canyon Mine, a uranium mine operated by Energy Fuels Resources (USA), Inc., and EFR Arizona Strip LLC (collectively, Energy Fuels) in the Kaibab National Forest. Canyon Mine is located within an area of public lands that have been withdrawn from new mining claims by the Secretary of the...

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