Mineral Policy Center v. Norton
United States District Court for the District of Columbia
292 F. Supp. 2d 30 (2003)
The Federal Land Policy and Management Act (FLPMA) required the Bureau of Land Management (BLM) (defendant) to prevent unnecessary or undue degradation (UUD) of public lands, and after using a stricter 'substantial irreparable harm' (SIH) standard from 2000 to deny mining plans threatening significant resources, the BLM eliminated that standard in 2001 as too difficult, expensive, and subjective to implement, opting instead to protect against UUD case-by-case through plan approvals, exploration regulation, financial guarantees, and existing performance standards. The Mineral Policy Center and other nonprofits (plaintiffs) challenged the 2001 regulations as inconsistent with FLPMA for ignoring the statute's 'undue' language and preventing only disturbances greater than necessary, and both sides moved for summary judgment.
Whether the federal government may determine on a case-by-case basis what constitutes unnecessary or undue degradation under the Federal Land Policy and Management Act.