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Expert Analysis

9th Circ. Clears The Air For Mine Owners

Law360, New York (March 8, 2013, 3:08 PM EST) -- On Feb. 4, 2013, a Ninth Circuit panel held that the Bureau of Land Management did not violate the National Environmental Policy Act, Federal Land Policy and Management Act (FLPMA) or its own mining regulations (43 C.F.R. §§ 3809 et seq.) by allowing a mine operator to resume mining on federal lands under a 20-year old mining plan of operations after a 17-year hiatus. The decision marks notable, favorable precedent for the mining industry and project proponents, whose initial commencement of operations was previously subject to NEPA review and federal agency approval....

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