You are here

Appellate Court Upholds Obama Administration Withdrawal Of 1 Million Acres Surrounding Grand Canyon National Park

Share

The 9th U.S. Circuit Court of Appeals ruled Tuesday that the Obama administration was within its rights to withdraw 1 million acres surrounding Grand Canyon National Park from new uranium mining claims for 20 years/NPS

In a ruling applauded by conservationists and environmentalists, the 9th U.S. Circuit Court of Appeals on Tuesday upheld the Obama administration's move to withdraw more than 1 million acres surrounding Grand Canyon National Park from new uranium mining claims.

The case dates back at least to 2009, when then-Interior Secretary Ken Salazar placed a temporary moratorium on new mining claims on the landscape until threats to the canyon could be analyzed. Then, in 2011, the U.S. Bureau of Land Management recommended the "full proposed withdrawal of approximately 1 million acres of BLM and Forest Service lands located near the national park from mining claim location and entry under the 1872 Mining Law for 20 years, subject to valid exiting rights."

Secretary Salazar approved that move in January 2012.

“Special interests who refuse to leave the Grand Canyon alone need to sit down and read this ruling carefully,” U.S. Rep. Raúl M. Grijalva said in reaction Tuesday. “Our laws allow the secretary of the Interior to protect our environmental quality, protect tribal heritage, and protect special places like the Grand Canyon even if the National Mining Association doesn’t like it. I join Americans all over the country in celebrating this ruling and in hoping Republicans see the need to move beyond failed industry talking points.”

The mining association in 2011 sued to block the withdrawal. 

In unanimously upholding the withdrawal, the appellate court said Secretary Salazar was wise to take a careful approach to opening the lands to more uranium mining.

"At its core, the merits questioned in this case is whether the Secretary was allowed to adopt a cautious approach in the face of some risk, difficult to quantify based on current knowledge, to what he called 'America’s greatest national wonder,'" the three judges wrote. ”Appellants raise a myriad of challenges, but in the end identify no legal principle invalidating the Secretary’s risk-averse approach. As Interior concluded, withdrawal of the area from new mining claims for a limited period will permit more careful, longer-term study of the uncertain effects of uranium mining in the area and better-informed decisionmaking in the future."

The lands in question are located in three parcels, two parcels north of the Grand Canyon National Park on BLM Arizona Strip lands and the North Kaibab Ranger District of the Kaibab National Forest, and one south of the Grand Canyon on the Tusayan Ranger District of the Kaibab National Forest.

The court ruling comes not long after U.S. Forest Service officials, in response to a request by President Trump that they review regulations that “potentially burden the development or use of domestically produced energy resources, with particular attention to oil, natural gas, coal, and nuclear energy resources," pointed to ending the 20-year moratorium the Obama administration imposed in 2012.

Irononically, the ruling came the same day as the House Energy and Mineral Resources Subcommittee was to take testimony in favor of lifting the ban.

There has been public support in Arizona for the ban. More than 200 business owners in the state had signed a "postcard" to Secretary Salazar asking him to support the moratorium.

Rep. Grijalva has been working to have the acreage protected through designation of a Greater Grand Canyon Heritage National Monument. The Democrat has requested that U.S. Rep. Rob Bishop, a Utah Republican who chairs the House Natural Resources Committee, schedule a hearing on the legislation, but has been unsuccessful so far in that regard.

In a letter last month to Chairman Bishop, Mr. Grijalva said that ending the moratorium after only five years "without scientific or public review, would be irresponsible and threaten a watershed that provides drinking water to more than 20 million Americans. In addition to providing critical ecosystem services, the Grand Canyon contains a tremendous array of cultural resources and is sacred to Native Americans throughout the region. The National Congress of American Indians and the Inter-Tribal Council of Arizona support H.R. 360 and deserve an opportunity to share their views with Congress prior to any change in the management of the area."

"If the scientific analysis underlying the Forest Sevice's recommendation is sound," Rep. Grijalva added, "the Trump administration and House Republicans should welcome an opportunity to share that analysis with the public."

At the Havasupai Tribe, council member Carletta Tilousi praised the court's ruling, saying "(T)he tribe applauds this decision, and vows to continue to oppose all threats to the safety of our lands and waters."

The Havasupai Tribe, Grand Canyon Trust, Sierra Club, Center for Biological Diversity and National Parks Conservation Association intervened in the case in 2013. The groups and the Department of Justice won a 2014 decision by U.S. District Court in Arizona, which upheld Interior’s 2012 uranium mining withdrawal. Mining companies appealed the decision to the 9th Circuit.

“After an extensive review process and substantial public participation, the Department of the Interior’s decision to protect one of the world’s most enduring landscapes and the sustained health of indigenous communities that live within the watershed of the Grand Canyon was a strong and appropriate one,” said Kevin Dahl of the National Parks Conservation Association. “The court’s action in upholding this ban is commendable.”

The uranium mining companies have 45 days to seek a rehearing by the three-judge panel or by the 9th Circuit sitting en banc. The companies also have 90 days from this decision, or from a denial of rehearing (whichever is later) to petition the U.S. Supreme Court for review of the 9th Circuit Court decision. Such petitions are granted in only a tiny fraction of cases.

Comments

Ah!

A little good news!

Happy Hannukah, everyone!


Great news Lee. The push to downsize monuments is shortsighted in my view. The culprit behind much of it is the oil and gas industry. It is quite complicated, fossil feul companies need proven reserves to support stock prices, much of the reserves are located in pooer countries with unstable governments or countries not quite friendly to the US,  fossil fules still drive much of the developed nations economies, cry for energy indpendence as a national security issue a red flag, and the list goes on. 

 

 


I have to agree with Mr Dalton and Mr Mackie.

 

We need to build on this with even more victories for the guys in white hats.


Add comment

CAPTCHA

This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.

Image CAPTCHA
Enter the characters shown in the image.

The Essential RVing Guide

The Essential RVing Guide to the National Parks

The National Parks RVing Guide, aka the Essential RVing Guide To The National Parks, is the definitive guide for RVers seeking information on campgrounds in the National Park System where they can park their rigs. It's available for free for both iPhones and Android models.

This app is packed with RVing specific details on more than 250 campgrounds in more than 70 parks.

You'll also find stories about RVing in the parks, some tips if you've just recently turned into an RVer, and some planning suggestions. A bonus that wasn't in the previous eBook or PDF versions of this guide are feeds of Traveler content: you'll find our latest stories as well as our most recent podcasts just a click away.

So whether you have an iPhone or an Android, download this app and start exploring the campgrounds in the National Park System where you can park your rig.