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Case 1:08-cv-01624-WJM-NRN Document 166 Filed 03/18/19 USDC Colorado Page 3 of 12 <br /> B. Previous Motion to Dissolve Injunction <br /> In April 2017, DOE moved to dissolve the injunction. (ECF No. 147.) The Court <br /> resolved that motion in February 2018. See Colo. Envtl. Coal. v. Office of Legacy <br /> Mgmt., 302 F. Supp. 3d 1251 (D. Colo. 2018) (ECF No. 151) ("CEC 11"). The Court <br /> agreed with DOE that it had corrected all previously noted errors, save for one. The <br /> ESA requires federal agencies to evaluate whether their actions might jeopardize the <br /> habitat of an endangered or threatened species, and this evaluation process may <br /> include consultation with the United States Fish &Wildlife Service ("FWS"). See id. at <br /> 1269-70. In this case, the main question was whether reasonably foreseeable uses <br /> and discharges of water in the course of mining and associated activities might <br /> ultimately affect four endangered fish species living in the Colorado River. Id. at 1270, <br /> 1273-74. DOE requested FWS's opinion on the matter (a "Biological Opinion" or <br /> "BiOp") by sending to FWS the DOE's Biological Assessment ("BA") that that water <br /> usage would have at least some adverse effect on the endangered Colorado River fish. <br /> Id. at 1270. FWS's resulting BiOp concluded that there was no likelihood of <br /> jeopardizing or threatening those fishes' habitat. Id. at 1270-71. <br /> However, when requesting the BiOp, DOE conveyed to FWS only the forecasted <br /> annual water consumption of ULMP mines, and not water consumption for"other mining <br /> operations expected to coincide with renewed mining on ULMP lease tracts." Id. at <br /> 1273. In particular, DOE's water consumption analysis did not address a uranium mill <br /> planned for Paradox Valley, to be known as the Pinon Ridge Mill: <br /> Among the many things DOE says about this mill, DOE <br /> predicts "[a] surge in uranium exploration, mining, and <br /> permitting . . . if the mill is constructed," referring to mining <br /> on BLM land rather than ULMP lease tracts. DOE notes that <br /> 3 <br />