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350 MONTANA v. HAALAND

No. 20-35411.

50 F.4th 1254 (2022)

350 MONTANA; Montana Environmental Information Center; Sierra Club; WildEarth Guardians, Plaintiffs-Appellants, v. Deb HAALAND, Secretary of the Department of the Interior; U.S. Office of Surface Mining, an agency within the U.S. Department of the Interior; U.S. Department of the Interior; Marcelo Calle, in his official capacity as Program Support Division Manager of U.S. Office of Surface Mining Western Region; David Berry, in his official capacity as Regional Director of U.S. Office of Surface Mining Western Region; Glenda Owens, in her official capacity as Deputy Director of U.S. Office of Surface Mining; Laura Daniel-Davis, in her official capacity as Principal Deputy Assistant Secretary of Land and Minerals Management of the U.S. Department of the Interior; Martha Williams, in her official capacity as Director of U.S. Fish and Wildlife Service; United States Fish and Wildlife Service, an agency within the U.S. Department of the Interior, Defendants-Appellees, Signal Peak Energy, LLC, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 14, 2022.

Attorney(s) appearing for the Case

Shiloh S. Hernandez (argued) and Melissa A. Hornbein , Western Environmental Law Center, Helena, Montana; Nathaniel Shoaff , Sierra Club, Oakland, California; for Plaintiffs-Appellants.

Brian C. Toth (argued), Michelle-Ann Williams , and Robert J. Lundman , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jonathan D. Brightbill , Principal Deputy Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Kristen C. Guerriero and Emily D. Morris , Attorneys; Office of the Solicitor, United States Department of the Interior, Washington, D.C.; for Defendants-Appellees.

John C. Martin (argued) and Bryson C. Smith , Holland & Holland LLP, Washington, D.C.; Hadassah M. Reimer , Holland & Hart LLP, Jackson, Wyoming; Sarah C. Bordelon , Holland & Hart LLP, Reno, Nevada; Victoria A. Marquis , Crowley Fleck PLLP, Billings, Montana; Derek Shaffer , Quinn Emanuel Urquhart & Sullivan LLP, Washington, D.C.; Sage V. Heuvel and Kathleen M. Sullivan , Quinn Emanuel Urquhart & Sullivan LLP, Los Angeles, California; for Intervenor-Defendant-Appellee.

Mark N. Templeton and Robert A. Weinstock ; Andrew Burchett , Justin Taleisnik , and Daniel Abrams , Certified Law Students; Abrams Environmental Law Clinic, Chicago, Illinois; for Amicus Curiae Professor Michael Greenstone.

Richard L. Revesz , Max Sarinsky , and Jason A. Schwartz , Institute for Policy Integrity, New York, New York, for Amicus Curiae Institute for Policy Integrity at New York University School of Law.

Brent Mead , Assistant Solicitor General; David M. S. Dewhirst , Solicitor General; Austin Knudsen , Attorney General of Montana; Office of the Attorney General, Helena, Montana; for Amici Curiae State of Montana and 15 Other States.

Dissent by Judge R. Nelson

ORDER

The opinion filed on April 4, 2022, is amended as follows: On slip opinion page 8, lines 19-20, delete <additional factfinding is necessary to decide whether an EIS is required and, in any event,>.

On page 36, line 22, replace the final period of the paragraph with <; see also Ctr. for Biological Diversity, 538 F.3d at 1225 (If the evidence in the record demonstrates that a project may have a significant impact, it is appropriate...

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