You can talk about tortoises and cuckoos all you want, but I don’t think the judge is listening. Those are environmental issues, covered by one part of federal law. The better case for the Hualapai are the historical and cultural issues. For that, they have on their side another federal agency that is telling BLM it is ignoring the law at their own peril.
This is all set forth in a letter from one federal government agency, to another federal government agency, sent less than three months ago. See the following. The BLM answer apparently is, “we don’t have to worry about that because these effects are only temporary.” The ACHP tells them that’s wrong.
So maybe the courts will agree that “temporary” doesn’t matter. Not a very good result for AZL, if they ever want to do some permanent mining.
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