The second is that defendants failed to provide for adequate public participation in their withdrawal revocation decisions. The Secretary may modify or terminate any such classification consistent with such land use plan. Since 1976, defendants have terminated classifications affecting approximately 160 million acres of land. Yet, as plaintiff alleges and defendants do not deny, defendants have completed only a fraction of the land use plans for these areas. Thus, the vast majority of classification terminations have occurred outside the context of land use planning.
Defendants offer numerous avenues for public participation in land use planning.
Officials at the BLM have met informally with members of important mining companies before decisions affecting some classifications and withdrawals. The extent and nature of these discussions are difficult to determine. Judge Waterman wants you to help her decide the appropriate action for the D.C. Circuit to take. Any other relevant issues.