Western Exploration LLC et al v. U.S. Department of the Interior et al

Filing 127

JUDGMENT Plaintiffs and Defendants competing motions for summary judgment are denied in part and granted in part. The Court grants summary judgment in favor of Defendants on all claims except for Count IV with respect to Plaintiffs Eureka County a nd Humboldt County. With respect to this count, the Court grants summary judgment in favor of Eureka County and Humboldt County on their claim that the Agencies failed to comply with NEPA. The Court remands the Records of Decision to the Agencies to prepare a supplemental environmental impact statement consistent with this Order. Intervenors Motion for Summary Judgment is denied in part and granted in part. It is granted with respect to Intervenors request that the Court not vacate the RODs or e njoin implementation of the RODs. It is further ordered that Plaintiffs Motion to Supplement Record is denied as moot. Defendants Motion to Strike is granted in part and denied in part. It is denied with respect to paragraphs 1 through 3 in Exhibit 1. It is granted with respect to the remainder of Exhibit 1 and with respect to Exhibits 2 and 6. Signed by Clerk of Court Debra K. Kempi on 03/31/17. (Copies have been distributed pursuant to the NEF - LG)

AO 450 (Rev. 5/85) Judgment in a Civil Case r

UNITED STATES DISTRICT COURT
****

DISTRICT OF

NEVADA

WESTERN EXPLORATION, LLC, et al.,
Plaintiffs,

JUDGMENT IN A CIVIL CASE

V.
CASE NUMBER:

3:15-cv-0491-MMD-VPC

U.S. DEPARTMENT OF THE INTERIOR,
et al.
Defendants.
Decision by Court. This action came to be considered before the Court. The issues have been
considered and a decision has been rendered.
IT IS ORDERED AND ADJUDGED
Plaintiffs’ and Defendants’ competing motions for summary judgment (ECF Nos. 67, 75) are
denied in part and granted in part. The Court grants summary judgment in favor of Defendants
on all claims except for Count IV with respect to Plaintiffs Eureka County and Humboldt
County. With respect to this count, the Court grants summary judgment in favor of Eureka
County and Humboldt County on their claim that the Agencies failed to comply with NEPA.
The Court remands the Records of Decision to the Agencies to prepare a supplemental
environmental impact statement consistent with this Order.
Intervenors’ Motion for Summary Judgment (ECF No. 77) is denied in part and granted in part.
It is granted with respect to Intervenors’ request that the Court not vacate the RODs or enjoin
implementation of the RODs.
It is further ordered that Plaintiffs’ Motion to Supplement Record (ECF No. 68) is denied as
moot. Defendants’ Motion to Strike (ECF No. 102) is granted in part and denied in part. It is
denied with respect to paragraphs 1 through 3 in Exhibit 1. It is granted with respect to the
remainder of Exhibit 1 and with respect to Exhibits 2 and 6.
March 31, 2017

DEBRA K. KEMPI
Clerk
/s/ Lia Griffin
Deputy Clerk