During both the DEIS and FEIS comment period, GBRW criticized BLM's impact analysis for failing to consider cumulative project impacts, as well as impacts to air and water quality.
GBRW argued that BLM failed to adequately determine baseline pollution levels in the affected area before determining the impact the Project would have on air quality.
GBRW argued that the FEIS merely mentioned cumulative impacts arising from the Project and other activities near the Project site, rather than discussing those impacts in detail or engaging in quantifiable analysis of those impacts.
Third, the Ninth Circuit rejected two of GBRW's challenges to BLM's mitigation measures to reduce the harm caused by the Project, and declined to resolve a third.
GBRW's second mitigation claim alleged that the FEIS failed to address funding via reclamation bonds for long-term reclamation efforts after the Project's lifespan.