Babbitt

Independence Mining Company, Inc. (“IMC”) appeals the district court’s denial of its motion seeking a writ of mandamus or an order compelling the Secretary of the Interi- or to determine the validity of its mineral patent claims and, if appropriate, issue patents for the claims. IMC contends the district court erred in refusing to direct such actions because IMC had shown the Secretary had enacted certain changes to the procedures for processing mineral patent applications for the purpose and with the effect of unreasonably delaying that process. IMC also argues the district court erred in relying on the Secretary’s allegedly post hoc explanations for enacting one of those changes.

STANDARDS OF REVIEW AND JURISDICTION

The extraordinary remedy of mandamus traditionally lies within the court’s discretion. Oregon Natural Resources Council v. Harrell, 52 F.3d 1499, 1508 (9th Cir.1995) (listing elements of mandamus test); Garcia v. Taylor, 40 F.3d 299, 301 (9th Cir.1994), superseded by statute on other grounds as stated in, Campos v. I.N.S., 62 F.3d 311, 314 (9th Cir.1995); Fallini v. Hodel, 783 F.2d 1343, 1345 (9th Cir.1986). Whether the elements of the mandamus test are…