Case: Southern Utah Wilderness Alliance v. United States Department of the Interior

2:25-cv-00657 | U.S. District Court for the District of Utah

Filed Date: Aug. 7, 2025

Case Ongoing

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Case Summary

This case challenged the Bureau of Land Management’s (BLM) 2019 approval of nearly 125,000 acres for potash mining in Utah’s secluded West Desert, known as the Sevier Playa Potash (SPP) Project, along with the agency’s subsequent 2025 approval of a modified version of the SPP Project. The Southern Utah Wilderness Alliance (SUWA), a non-profit environmental membership organization dedicated to preserving wilderness and wild places in Utah, first filed suit in 2023, challenging the 2019 approval …

This case challenged the Bureau of Land Management’s (BLM) 2019 approval of nearly 125,000 acres for potash mining in Utah’s secluded West Desert, known as the Sevier Playa Potash (SPP) Project, along with the agency’s subsequent 2025 approval of a modified version of the SPP Project.

The Southern Utah Wilderness Alliance (SUWA), a non-profit environmental membership organization dedicated to preserving wilderness and wild places in Utah, first filed suit in 2023, challenging the 2019 approval of the SPP Project (S. Utah Wilderness All. v. U.S. Dep’t of the Interior, Case No. 2:23-cv-00492). The court dismissed that case without prejudice in 2024 after Peak Minerals, the company behind the potash mining plan, submitted an amended proposal to the BLM. In 2025, BLM approved the revised project through a Determination of NEPA Adequacy (DNA), concluding that the 2019 environmental analysis was still sufficient. 

On August 7, 2025, SUWA filed this lawsuit in the U.S. District Court for the District of Utah against BLM and its West Desert District Manager, and the Acting Assistant Secretary for Land and Minerals Management. The plaintiffs alleged violations of the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA). Represented by private counsel, SUWA sought declaratory and injunctive relief to set aside the approvals and halt the project. The case was assigned to Judge David Barlow.

In their complaint, SUWA alleged that BLM violated NEPA and the APA by failing to take the required "hard look" at the SPP Project's impact in the 2019 Environmental Impact Statement (EIS), including effects on groundwater, migratory birds, air quality, and project's cumulative impacts. SUWA also claimed that BLM improperly relied on a DNA to approve the modified 2025 mining plan without conducting a new environmental review as allegedly required. The complaint further asserted that BLM ignored new scientific evidence submitted by SUWA, including a hydrogeologist’s report identifying flaws in the 2019 EIS groundwater analysis. Finally, SUWA argued that BLM’s reliance on the original, legally deficient EIS rendered the agency’s decision-making arbitrary, capricious, and contrary to law under NEPA and the APA.

On October 6, 2025, the case was stayed pursuant to General Order 25-005. On November 19, 2025, the court issued an order stating that the stay was lifted, effective November 13, due to the full restoration of governmental funding.

This case is ongoing. 

Summary Authors

Victoria Tan (8/10/2025)

Dahlia Gottlieb (12/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71051491/parties/southern-utah-wilderness-alliance-v-united-states-department-of-the/


Attorney for Plaintiff

Bloch, Stephen H. (Utah)

Larsen, Hanna C. (Utah)

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Documents in the Clearinghouse

Document
1

2:25-cv-00657

Complaint for Declaratory and Injunctive Relief

Aug. 7, 2025

Aug. 7, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71051491/southern-utah-wilderness-alliance-v-united-states-department-of-the/

Last updated March 6, 2026, 3:36 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 405, receipt number AUTDC-5512320) filed by Southern Utah Wilderness Alliance. (Attachments: # 1 Exhibit 1 - 2019 ROD, # 2 Exhibit 2 - 2019 EIS, # 3 Exhibit 3 - 2025 Mining Plan, # 4 Exhibit 4 - Peak Minerals Presentation, # 5 Exhibit 5 - 2025 Scoping Comments, # 6 Exhibit 6 - 2025 DNA, # 7 Exhibit 7 - 2025 DNA Letter, # 8 Exhibit 8 - 2025 DNA DR, # 9 Exhibit 9 - BLM NEPA Handbook, # 10 Civil Cover Sheet) (Larsen, Hanna) (Entered: 08/07/2025)

1 Exhibit 1 - 2019 ROD

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2 Exhibit 2 - 2019 EIS

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3 Exhibit 3 - 2025 Mining Plan

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4 Exhibit 4 - Peak Minerals Presentation

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5 Exhibit 5 - 2025 Scoping Comments

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6 Exhibit 6 - 2025 DNA

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7 Exhibit 7 - 2025 DNA Letter

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8 Exhibit 8 - 2025 DNA DR

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9 Exhibit 9 - BLM NEPA Handbook

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10 Civil Cover Sheet

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Aug. 7, 2025

Aug. 7, 2025

Clearinghouse
2

CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Southern Utah Wilderness Alliance. (Larsen, Hanna) (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

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3

Requested Summons as to All Defendants. (Attachments: # 1 BLM Summons, # 2 Suess Summons, # 3 Gates Summons, # 4 AG Summons, # 5 USAO Summons)(Larsen, Hanna) (Entered: 08/07/2025)

1 BLM Summons

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2 Suess Summons

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3 Gates Summons

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4 AG Summons

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5 USAO Summons

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Aug. 7, 2025

Aug. 7, 2025

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4

Summons Issued Electronically as to United States Bureau of Land Management. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

RECAP
5

Summons Issued Electronically as to Michael D Gates. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

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6

Summons Issued Electronically as to Adam G Suess. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

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7

Summons Issued Electronically as to Pamela Bondi. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

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8

Summons Issued Electronically as to Felice John Viti, Acting U.S. Attorney for the District of Utahc/o Civil Process Clerk. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

RECAP

Judge David Barlow added. Case number will now read 2:25-cv-00657-DBB. Please make changes to document captions accordingly. (kop)

Aug. 7, 2025

Aug. 7, 2025

9

Summons Issued Electronically as to United States Department of the Interior. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (kop)

Aug. 11, 2025

Aug. 11, 2025

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10

SUMMONS Returned Executed. Filed by Southern Utah Wilderness Alliance. Summons as to All Defendants. (Attachments: (1) Exhibit Certified Mail Receipts)(Larsen, Hanna)

1 Exhibit Certified Mail Receipts

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Sept. 9, 2025

Sept. 9, 2025

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11

NOTICE of Appearance by Shannon Boylan on behalf of Michael D Gates, Adam G Suess, United States Bureau of Land Management, United States Department of the Interior (Boylan, Shannon)

Sept. 30, 2025

Sept. 30, 2025

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12

NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form motion is available on the court's website. Notice e-mailed or mailed to Defendants Michael D Gates, Adam G Suess, United States Bureau of Land Management, United States Department of the Interior, Plaintiff Southern Utah Wilderness Alliance. (alf)

Oct. 1, 2025

Oct. 1, 2025

Case Stayed per General Order 25-005. (alf)

Oct. 6, 2025

Oct. 6, 2025

13

ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 10/7/25. (he)

Oct. 7, 2025

Oct. 7, 2025

Order Referring Case to Magistrate Judge

Oct. 7, 2025

Oct. 7, 2025

14

DOCKET TEXT ORDER LIFTING STAY-The stay imposed under General Order 25-005 is lifted as of November 13, 2025, because government funding has been restored. Signed by Judge David Barlow on 11/19/2025. No attached document(alf)

Nov. 19, 2025

Nov. 19, 2025

Order Lifting Stay

Nov. 19, 2025

Nov. 19, 2025

15

ANSWER to Complaint filed by Michael D Gates, Adam G Suess, United States Bureau of Land Management, United States Department of the Interior.(Boylan, Shannon)

Dec. 2, 2025

Dec. 2, 2025

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16

Joint MOTION for Scheduling Order in an Administrative Case Under DUCivR 7-4 filed by Defendants Michael D Gates, Adam G Suess, United States Bureau of Land Management, United States Department of the Interior. (Attachments: (1) Text of Proposed Order) Motions referred to Jared C. Bennett.(Boylan, Shannon)

1 Text of Proposed Order

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Dec. 16, 2025

Dec. 16, 2025

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17

Modification of Docket re [16] MOTION for Scheduling Order : Error: The document should have been filed using the event "Motion for Amended Administrative Appeal Scheduling Order". Correction: Event type corrected, docket text modified and excess text removed to correct filing. No further action is needed. Filers are requested to review all event options and choose the most appropriate. (alf)

Dec. 16, 2025

Dec. 16, 2025

18

ORDER granting [16] MOTION for Amended Administrative Appeal Scheduling Order : Plaintiff's Opening Brief due: 3/20/2026. Commissioner's Responsive Brief due: 5/8/2026. Plaintiffs Reply Brief due: 6/26/2026. Signed by Magistrate Judge Jared C. Bennett on 12/17/2025. (alf)

Dec. 17, 2025

Dec. 17, 2025

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19

NOTICE OF NONELECTRONIC FILING of Administrative Record filed by Defendants Michael D Gates, Adam G Suess, United States Bureau of Land Management, United States Department of the Interior (Attachments: (1) AR Index, (2) AR Certification) (Boylan, Shannon)

1 AR Index

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2 AR Certification

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Jan. 22, 2026

Jan. 22, 2026

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20

MOTION to Intervene and Memorandum in Support filed by Intervenor Peak Minerals, Inc.. (Attachments: (1) Exhibit Exhibit A - Declaration of Woods Silleroy, (2) Exhibit Exhibit B - Response of Intervenor - Defendant Peak Minerals, Inc., (3) Text of Proposed Order) Motions referred to Jared C. Bennett. Attorney Shawn T. Welch added to party Peak Minerals, Inc.(pty:intv)(Welch, Shawn)

1 Exhibit Exhibit A - Declaration of Woods Silleroy

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2 Exhibit Exhibit B - Response of Intervenor - Defendant Peak Minerals, Inc.

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3 Text of Proposed Order

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Jan. 23, 2026

Jan. 23, 2026

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21

Motions No Longer Referred: [20] MOTION to Intervene and Memorandum in Support . District Judge David Barlow will handle the motion. (he)

Jan. 26, 2026

Jan. 26, 2026

22

ERRATA to [20] MOTION to Intervene and Memorandum in Support filed by Intervenor Peak Minerals, Inc. . (Revelle, Andrew)

Jan. 26, 2026

Jan. 26, 2026

RECAP
23

Amended MOTION to Intervene and Memorandum in Support filed by Intervenor Peak Minerals, Inc.. (Attachments: (1) Exhibit A - Declaration of Woods Silleroy, (2) Exhibit B - Response of Intervenor-Defendant Peak Minerals, Inc., (3) Text of Proposed Order Exhibit C - Proposed Order Granting Motion to Intervene) Motions referred to Jared C. Bennett. Attorney Andrew P. Revelle added to party Peak Minerals, Inc.(pty:intv)(Revelle, Andrew)

1 Exhibit A - Declaration of Woods Silleroy

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2 Exhibit B - Response of Intervenor-Defendant Peak Minerals, Inc.

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3 Text of Proposed Order Exhibit C - Proposed Order Granting Motion to Intervene

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Jan. 26, 2026

Jan. 26, 2026

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26

ADMINISTRATIVE RECORD received from United States Bureau of Land Management consisting of numerous PDF files and one Excel file on a single USB flash drive, filed by Defendants Michael D Gates, Adam G Suess, United States Bureau of Land Management, United States Department of the Interior. The record is not uploaded to the docket due to size and inclusion of a non-PDF file type and the drive will be retained in a case file folder in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (alt)

Jan. 26, 2026

Jan. 26, 2026

24

Motions No Longer Referred: [23] Amended MOTION to Intervene and Memorandum in Support . District Judge David Barlow will handle the motion. (he)

Jan. 27, 2026

Jan. 27, 2026

25

Plaintiff's RESPONSE to Motion re [23] Amended MOTION to Intervene and Memorandum in Support filed by Plaintiff Southern Utah Wilderness Alliance. (Larsen, Hanna)

Feb. 6, 2026

Feb. 6, 2026

RECAP

Modification of Docket re 20 MOTION to Intervene, 23 Amended MOTION to Intervene. Error: Filer incorrectly added party as "Intervenor" instead of as "Movant". Correction: As motion to intervene has not been granted, party role for has been corrected to "Movant". Party name has also been corrected to conform more closely with this court's "Standards and Guidelines for Adding Parties" (punctuation marks removed from name, "Peak Minerals Inc"). (alt)

Feb. 9, 2026

Feb. 9, 2026

27

MEMORANDUM in Support re [23] Amended MOTION to Intervene filed by Movant Peak Minerals Inc. (Revelle, Andrew)

Feb. 16, 2026

Feb. 16, 2026

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28

ORDER granting [23] Peak Mineralss Motion to Intervene. Signed by Judge David Barlow on 2/19/2026. (alf)

Feb. 20, 2026

Feb. 20, 2026

RECAP

Case Details

State / Territory:

Utah

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Aug. 7, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A non-profit environmental membership organization dedicated to the preservation of wilderness and wild places in Utah

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Bureau of Land Management

U.S. Department of the Interior

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f

Other Dockets:

District of Utah 2:25-cv-00657

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Environmental Justice and Resources:

Environmental Impact Statements

Groundwater

Threatened/endangered flora