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Nepa – Current Action Needed

September 24, 2010 By Administrator Leave a Comment

Next steps for Rosemont (as of February 2012):

Now that the comment periods are over for the Forest Service Draft Environmental Impact Statement, Army Corps of Engineers 404 permit, and ADEQ’s aquifer protection permit, these agencies will be reviewing public comments and will come to some decisions.The next step for the Forest Service is to write a Final Environmental Impact Statement (FEIS), which will go out for public review and comment before a record of decision is signed. However, several of the cooperating agencies have asked that a supplemental Impact statement be written first (and many people made comments asking for this as well), and the Forest Service has hinted that this may be a possibility. If a Supplemental EIS is written, there will need to be public review and comment on the supplement before the Final is written, and the Forest Service would likely hold a series of public meetings.

The next step for the Army Corps will be deciding whether to grant the permit or not. The Corps has no time limit and it may ask for more information before making a decision.The Army Corps is not bound by the 1872 Mining Law, so they have every right to deny the permit. If the permit is denied, it would be extremely difficult for the project to move forward!

 

See also:
Citizen’s Guide to NEPA
U.S. EPA Consideration Of Cumulative Impacts In EPA Review of NEPA Documents (Cumulative impacts must be considered in the NEPA process!)

For more detailed information, go to http://ceq.hss.doe.gov/nepa/regs/ceq /toc_ceq.htm or http://www.nepa.gov/nepa/regs/nepa/nepaeqia.htm or
NEPAnet

The National Forest info on NEPA: http://www.fs.fed.us/sopa/components/sopa-dscr.shtml#planning
http://www.fs.fed.us/emc/nepa/

Filed Under: NEPA

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Litigation Update

Speaking of which (the appeal originally filed in Nov. 2017 challenging the Forest Service’s approval of the mine), we now have a schedule for that case in the 9th Circuit Court of Appeals – not definitive, but at least a general time frame:

 

After a lot of negotiating, the lawyers have come to an agreement on the final schedule of our cases before the 9th Circuit Appeals Court. Here is the updated schedule:

  • Feds opening brief due by 1 June 2020
  • Hudbay opening brief due by 15 June 2020
  • Then, our response by 3 September 2020
  • Feds optional reply brief by 2 November 2020
  • Hudbay optional reply brief by 9 November 2020

Click here for more updates

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