Barngrover v. Fourth Judicial District Court

*106OPINION

FACTS

In 1991, Independence Mining Company (“IMC”) applied for a permit from the United States Forest Service (“USFS”) to expand its gold mining activities on public lands in the Independence Mountain range. As a part of the permit procedure, the Nevada Division of Wildlife (“NDOW”) worked with the Forest Service to determine whether or not the requested use would negatively impact wildlife in the area. Where a negative impact is anticipated, the applicant is required to pay the costs of mitigating the damage caused by the applicant’s use of the property. A dispute arose between IMC,…