Great Basin Res. Watch v. Bureau of Land Mgmt.

摘要

Bureau of Land Management acted arbitrarily and capriciously in issuing National Environmental Policy Act environmental impact statement for proposed molybdenum mine project, even though BLM adequately assessed in EIS mitigation measures for pit lake created after ending of mining operations and discussed long-term reclamation and mitigation measure funding, because: (1) even though BLM reasonably used data from park area similar to project site for certain pollutants in establishing air pollution baselines in EIS, BLM set baseline of zero for other pollutants without providing any data or reasoning that could support its estimate, and (2) EIS provided insufficient analysis of cumulative air impacts from project.