Just saw it Tuesday, when it was first reported in Phoenix newspaper. The takeaway is that the 9th Circuit, which every right-winger will tell you is the most reversed by the Supreme Court of the 11 appeals courts, felt bound by its own precedent, not by Supreme Court precedent. Not that Supreme Court precedent has any meaning these days – and the current Supreme Court hasn’t seen a religious-rights case that it doesn’t like.
Bottom line: After 20 years of delay, at least another six months while the Supreme Court appeal is reviewed. Another year, if the court accepts it for review. Meanwhile, the Biden Administration is back to Step One, with an Environmental Impact Statement withdrawn and a new one being slow-walked, which may include issues other than religion.
I have never predicted the Hualapai will win. My prediction is that AZL investors should be prepared for five years of litigation. BLM does not have the final word. I will say it again. BLM does not have the final word. Thanks for pointing out that not even the Ninth Circuit has the final word.
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