March 5, 2025, Oral Arguments
Gold Standard Ventures (US) Inc. Sullivan, P.E.
Carson City – 10:00 a.m. – Full Court
Gold Standard Ventures (US) Inc. Sullivan, P.E.
Docket No. 88139
Carson City – 10:00 a.m. – Full Court
This is an appeal from an order dismissing a petition for judicial review of a decision by respondent Adam Sullivan, the Nevada State Engineer, on procedural grounds. Appellant Gold Standard Ventures Inc., a wholly owned subsidiary of Orla Mining Ltd. (collectively Orla), has been trying to obtain water rights including some belonging to the Nevada Division of State Lands (NDSL). The State Engineer issued a decision through a letter sent to NDSL in March 2023 which purported to allow NDSL to hold unused water rights to the exclusion of others. When it learned of the letter, Orla filed a petition for judicial review. The district court dismissed the petition on the grounds that Orla had no standing to challenge the decision and, alternatively, the petition was untimely. Orla now appeals the district court’s dismissal, arguing it has standing to seek judicial review, that the petition was timely or, alternatively, equitable tolling was available, and its due process rights were violated.