Monday, February 04, 2013

Ninth Circuit -- CENTER FOR BIOLOGICAL DIVERSIT V. KEN SALAZAR

Preliminary injunction appellate rulings did not create any law of the case relevant to the merits of final challenge to agency rulings.

Statute does not require a new plan of operations when re-starting closed mine.

No new NEPA filing required -- categorical exclusion applies.


CENTER FOR BIOLOGICAL DIVERSIT V. KEN SALAZAR
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.