"Seems" being the operative word.
Did you notice that that is not a news article, but a submitted story by the CRA? In other words, it's propaganda- no fact checking, no journalistic standards, no objectivity. It's a press release.
Important to understand exactly what the situation is here:
1. CRA sued Storey County, and mentioned CMI. Storey County is the primary defendant, and so the legal action taken (motion to dismiss) is their response, not the companies.
2. This lawsuit really means very little, other than making work for lawyers. The lawsuit does not ask for an injunction to stop hauling on the highway- it simply asks that the county be ordered to enforce the CRA's interpretation of CMI's mining special use permit. What does this mean?
3. If the CRA prevails with this lawsuit, then the county simply has to grant a modification to the SUP to remove the language that mentions on-road/off-road trucks and the issue is moot. In the meantime, CMI will continue to operate in compliance with their permits as issued by the proper authorities.
4. The CRA continues to marginalize themselves. If you believe their narrative, there is some vast right-wing conspiracy to destroy their property values and poison their children. In the meantime, they are grasping at straws to obstruct the biggest job creation project in southern Storey County in years- I guess they don't really care about the 100 or so of their neighbors who would lose their jobs if the CRA was successful in shutting down this project. Their rhetoric is becoming increasingly shrill, and they have allied themselves with a coalition of extreme left-wing groups (not the way to build support in a community that is +22 R).
The other thing to realize is that at any point, the logjam with clearing up the BLM issue could break and the highway usage would be a moot point.
While a different decision on this issue would have removed an annoyance, I wouldn't call this a setback.