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WILDEARTH GUARDIANS v. JEWELL

Nos. 12-5300, 12-5312.

738 F.3d 298 (2013)

WILDEARTH GUARDIANS, et al., Appellants Powder River Basin Resource Council, CA-11-037, Appellant, v. Sally JEWELL, Secretary, U.S. Department of Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 24, 2013.

Attorney(s) appearing for the Case

Samantha Ruscavage-Barz argued the cause for the appellants. Scott Gollwitzer and Matt Kenna were on brief. Michael P. Senatore entered an appearance.

J. David Gunter II , Attorney, United States Department of Justice, argued the cause for the appellees.

James Kaste , Senior Assistant Attorney General, Office of the Attorney General for the State of Wyoming, Creighton R. Magid , Andrew C. Emrich and John A. Bryson were on brief for intervenors Antelope Coal, LLC, et al. in support of the appellees. Michael J. McGrady , Senior Assistant Attorney General, Office of the Attorney General for the State of Wyoming, and Jay C. Johnson entered appearances.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

In April 2005, Antelope Coal LLC (Antelope Coal) filed an application with the Bureau of Land Management (BLM), an agency within the U.S. Department of the Interior (Interior), requesting that a tract of federal land adjacent to Antelope Coal's existing mine in the Wyoming Powder River Basin be offered for competitive lease sale to interested parties. In March 2010 the BLM issued a Record of Decision (ROD), dividing the land...

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