Case Summary Citation
608 F. 3d 592 (9th Cir. 2010)
Abstract
In Te-Moak Tribe of Western Shoshone of Nevada v. United States Department of the Interior, the Ninth Circuit Court of Appeals reviewed claims that the Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Federal Land Policy and Management Act (FLPMA) when it approved an amended exploration project in northeastern Nevada. The Court defined certain requirements under NEPA, namely the assessment of cumulative impacts. The Court also discussed the scope of the NHPA‘s requirements to protect only discrete historic locations and the FLPMA‘s limited application in exploration activities as opposed to mining activities.