Court Upholds Federal Approvals for Rhyolite Ridge Lithium-Boron Mine

Svend Brandt‑Erichsen was highlighted in a recent Law360 article for representing Ioneer Rhyolite Ridge LLC in litigation brought by environmental plaintiffs challenging federal approvals for the Rhyolite Ridge Lithium‑Boron Mine in Nevada.

In “Judge Tosses ESA Challenge Against Nevada Lithium Mine” (subscription required), Law360 reported that on March 27, 2026, U.S. District Judge Cristina D. Silva granted summary judgment to the U.S. Department of the Interior and its Bureau of Land Management (BLM), rejecting conservation groups’ claims that federal agencies violated the Endangered Species Act (ESA), the Federal Land Policy Management Act (FLPMA) and the National Environmental Policy Act (NEPA) when approving the project. The court concluded the approvals were not arbitrary or capricious and, under recent Supreme Court precedent, fell within a “broad zone of reasonableness” entitled to judicial deference.

Law360 explained that environmental plaintiffs alleged the project posed an “existential risk” to Tiehm’s buckwheat, an endangered wildflower, and raised related challenges under FLPMA and NEPA. The court, however, agreed with the government that the U.S. Fish & Wildlife Service (FWS) “rationally determined” the project is unlikely to jeopardize the species or adversely modify its critical habitat. Law360 noted Judge Silva upheld the agency’s reliance on its qualified experts, emphasizing that it is legally sound for agencies to rely on reasonable expert opinions even where opposing views exist.

The article also reported that the court found the FWS identified and incorporated multiple conservation measures to minimize, monitor and reduce effects on the species, and that the record supported the sufficiency of those measures for ESA purposes. Law360 further recounted that the federal government pointed to a multi‑year review in which the project underwent six revisions, with each change scrutinized by the BLM and FWS, undercutting claims that the approvals were rushed. 

Once fully built out, the mine is expected to be a significant North American source of lithium, producing enough to power 370,000 electric vehicles per year.