Case Summary Citation
703 F. Supp. 2d 1152 (D. Mont. May 4, 2010)
Abstract
A coalition of environmental advocacy groups challenged the U.S. Forest Service, U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture‟s approval of a mining project near Noxon, Montana. The proposed mine would operate partially on national forest land and involve tunneling beneath the Cabinet Mountains Wilderness to extract copper and silver. The plaintiffs challenged the mine approval by advancing claims under the Endangered Species Act, National Environmental Policy Act, Clean Water Act, Organic Administration Act, and the National Forest Management Act. The court entered summary judgment for the defendants on all but two counts. Minor changes must be made to the planning and review documents on remand before the mine project is allowed to proceed.