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~.. ~.. ..~..., ~K~,,. iu: • PACs Islas <br />„,._ • <br />52. DOE has issued easements and licenses for road <br />construction and use to facilitate the Proposed Mine expansion. <br />DOf: has assisted the mining company in its attempt to secure <br />local and state permits. DOE is allowing the mining company to <br />enter onto Rocky Plats and proceed with an open-pit mine within <br />the Buffer Zone. DOE granted a license to the mining company for <br />the installation of air quality monitoring stations required for <br />the Proposed Mine expansion. Defendant DOE has not engaged in <br />mandatory consultation with the FL7S concerning the impacts on the <br />Prel~le's meadow jumping mouse and its habitat from these agency <br />actions- <br />53. By failing to consult with the FWS concerning impacts <br />to the Preble's meadow jumping mouse, DoE has unlawfully withheld <br />compliance with section (7}(a)(2)'s consultation requirement <br />within the meaning of the Administrative Procedure AcL, 5 U.S.C_ <br />5 7ou(1)_ Consequently, DoE's actions of allowing the mining <br />company to expand its sand and gravel mine in the Suffer Zone, <br />assi:;ting the mining company in its pursuit of local and state <br />approvals, and issuing road easements and licenses without <br />consLlting with the FWS as required by section 7(a)(2) of the ESA <br />are arbitrary and capricious, an abuse of discretion, not in <br />accordance with the law, and without observance of procedures <br />required by law within the meaning of the Administrative <br />Procedure Act. 5 U.S.C. § 706(2). <br />Sanad Amwded Complaint <br />15 <br />