CENTER FOR BIOLOGICAL DIVERSITY; Save the Scenic Santa Ritas; Arizona Mining Reform Coalition; Grand Canyon Chapter of the Sierra Club; Tohono O'odham Nation; Hopi Tribe; Pascua Yaqui Tribe of Arizona, named as Pascua Yaqui Tribe, Plaintiffs-Appellees,
v.
UNITED STATES FISH AND WILDLIFE SERVICE; United States Forest Service; United States of America; Kurt Davis, Acting Supervisor of the Coronado National Forest; Calvin Joyner, Regional Forester; Randy Moore, Chief of the U.S. Forest Service; Thomas J. Vilsack, U.S. Secretary of Agriculture, Defendants-Appellants, and
Rosemont Copper Company, Intervenor-Defendant.
Center for Biological Diversity; Save the Scenic Santa Ritas; Arizona Mining Reform Coalition; Grand Canyon Chapter of the Sierra Club; Tohono O'odham Nation; Hopi Tribe; Pascua Yaqui Tribe of Arizona, named as Pascua Yaqui Tribe, Plaintiffs-Appellees,
v.
United States Fish and Wildlife Service; United States Forest Service; United States of America; Kurt Davis, Acting Supervisor of the Coronado National Forest; Calvin Joyner, Regional Forester; Randy Moore, Chief of the U.S. Forest Service; Thomas J. Vilsack, U.S. Secretary of Agriculture, Defendants, and
Rosemont Copper Company, Intervenor-Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 1, 2021 Phoenix, Arizona.
Roger Flynn (argued) and Jeffrey C. Parsons , Western Mining Action Project, Lyons, Colorado; Marc D. Fink , Center for Biological Diversity, Duluth, Minnesota; Allison N. Melton , Center for Biological Diversity, Crested Butte, Colorado; for Plaintiffs-Appellees Center for Biological Diversity, Save the Scenic Santa Ritas, Arizona Mining Reform Coalition, and Grand Canyon Chapter of the Sierra Club.
Ronald W. Opsahl , Opsahl Law Office LLC, Lakewood, Colorado, for Amicus Curiae Southern Arizona Business Coalition.
R. Timothy McCrum and Elizabeth B. Dawson , Crowell & Moring LLP, Washington, D.C.; Katie Sweeney , Executive Vice President and General Counsel, National Mining Association, Washington, D.C.; for Amici Curiae National Mining Association (including Member State Mining Associations) and Chamber of Commerce of the United States of America.
Alison C. Hunter , Holland & Hart LLP, Boise, Idaho; Laura K. Granier , Holland & Hart LLP, Reno, Nevada; for Amicus Curiae American Exploration and Mining Association.
Matthew N. Newman , Native American Rights Fund, Anchorage, Alaska; David L. Gover , Native American Rights Fund, Boulder, Colorado; Joel West Williams , Native American Rights Fund, Washington, D.C.; for Amicus Curiae National Congress of American Indians, Inter-Tribal Association of Arizona, Association of American Indian Affairs, and Two Federally Recognized Tribal Nations.
Derrick Beetso , National Congress of American Indians, Washington, D.C., for Amicus Curiae National Congress of American Indians.
Regina L. Nassen and Victoria Buchinger , Deputy County Attorneys, Civil Division, Pima County Attorney's Office, Tucson, Arizona, for Amici Curiae Pima County and Pima County Regional Flood Control District.
Dissent by Judge Forrest.
OPINION
W. FLETCHER, Circuit Judge:
Rosemont Copper Company seeks to dig a large open-pit copper mine in the Santa Rita Mountains just south of Tucson, Arizona. The proposed mining operation would be partly within the boundaries of the Coronado National Forest. The pit would be 3,000 feet deep and 6,500 feet wide, and would produce over...
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