MONTANA ENVIRONMENTAL INFORMATION CENTER; Sierra Club, Plaintiffs-Appellants,
v.
Tracy STONE-MANNING, in her official capacity as Director of the Montana Department of Environmental Quality, Defendant-Appellee, and
Spring Creek Coal Company LLC; Great Northern Properties Limited Partnership; Crow Tribe of Indians; International Union of Operating Engineers, Local 400; Western Energy Company; Westmoreland Resources, Inc.; Natural Resource Partners L.P., Intervenor-Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted May 12, 2014.
Filed September 11, 2014.
Attorney(s) appearing for the Case
Walton D. Morris, Jr. , Morris Law Office, P.C., Charlottesville, VA, argued the cause on behalf of plaintiffs-appellants. Megan Anderson O'Reilly , Western Environmental Law Center, Taos, NM, filed the opening brief. With her on the opening brief were Morris and Shiloh Hernandez , Western Environmental Law Center, Helena, MT. Hernandez filed the reply brief. With her on the reply brief were O'Reilly and Morris.
Dana David , Department of Environmental Quality, Helena, MT, argued the cause and filed the brief on behalf of defendant-appellee.
John C. Martin , Crowell & Moring LLP, Washington, D.C., argued the cause on behalf of defendants-intervenors-appellees. Sherrie A. Armstrong , Crowell & Moring LLP, Washington, D.C., filed the brief. With her on the brief were Martin; Kristen L. Nathanson , Crowell & Moring LLP, Washington, D.C.; Andrew C. Emrich , Holland & Hart LLP, Greenwood Village, CO; Patrick R. Day , Holland & Hart LLP, Cheyenne, WY; and William W. Mercer , Holland & Hart LLP, Billings, MT.
Christopher B. Power , Dinsmore & Shohl LLP, Charleston, WV, filed the brief for Amicus Curiae Interstate Mining Compact Commission, in support of the defendants-intervenors-appellees. With him on the brief were Robert M. Stonestreet , Dinsmore & Shohl LLP, Charleston, WV, and Gregory E. Conrad , Interstate Mining Compact Commission, Herndon, VA.
Ashley Brown , Alaska Department of Law, Anchorage, AK, filed the brief for Amicus Curiae State of Alaska, in support of defendants-intervenors-appellees. With her on the brief was Michael C. Geraghty , Alaska Department of Law, Anchorage, AK.
Before: DIARMUID F. O'SCANNLAIN, ANDREW J. KLEINFELD, and MARSHA S. BERZON, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
O'SCANNLAIN, Circuit Judge:
We must decide whether a challenge to potential approval of a surface mining permit is ripe for judicial review.
I
Montana Environmental Information Center and Sierra Club (collectively, "MEIC") sued Tracy Stone-Manning, the Director of the Montana Department of Environmental Quality, in her official capacity. MEIC claims that Stone-Manning will violate duties imposed by the Surface Mining Control...
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