WILDEARTH GUARDIANS v. U.S. BUREAU OF LAND MANAGE.

No. 15-8109.

870 F.3d 1222 (2017)

WILDEARTH GUARDIANS; Sierra Club, Petitioners-Appellants, v. UNITED STATES BUREAU OF LAND MANAGEMENT, Respondent-Appellee, and Wyoming Mining Association; BTU Western Resources, Inc.; State Of Wyoming; National Mining Association, Respondents-Intervenors-Appellees. The Institute For Policy Integrity at New York University School of Law, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 15, 2017.


Attorney(s) appearing for the Case

Nathaniel Shoaff ( Nathan Matthews , Sierra Club; Samanta Ruscavage-Barz , WildEarth Guardians, with him on the briefs), Sierra Club, San Francisco, California, for Petitioners-Appellants.

Daniel W. Wolff ( Kirsten L. Nathanson and Sherrie A. Armstrong , Crowell & Moring, LLP, Washington, D.C.; Michael Drysdale , Dorsey & Whitney, LLP, Minneapolis, Minnesota; Andrew C. Emrich , P.C., Holland & Hart LLP, Greenwood Village, Colorado, with him on the brief), Crowell & Moring, LLP, Washington, D.C., for Respondent-Appellees BTU Western Resources, Inc., National Mining Association, and Wyoming Mining Association.

Michael T. Gray , Attorney ( Philip C. Lowe , of Counsel, United States Department of the Interior, Rocky Mountain Regional Solicitor's Office; John C. Cruden , Assistant Attorney General; John S. Most and Andrew C. Mergen , Attorneys, with him on the brief), Appellate Section, Environment and Natural Resources Division, United States Department of Justice, Jacksonville, Florida, for Respondent-Appellee, United States Bureau of Land Management.

Erik E. Petersen ( Michael J. McGrady , with him on the brief), Wyoming Office of the Attorney General, Cheyenne, Wyoming, for Respondents-Intervenors-Appellee State of Wyoming.

Jayni Foley Hein and Jason A. Schwartz , Institute for Policy Integrity, New York, NY, filed an amicus curiae brief on behalf of the Institute of Policy Integrity at New York University School of Law in support of Petitioners-Appellants.

Before BRISCOE, McKAY, and BALDOCK, Circuit Judges.


Appellants WildEarth Guardians and Sierra Club (Plaintiffs) challenge the Bureau of Land Management's (BLM) decision to approve four coal leases in Wyoming's Powder River Basin. Plaintiffs brought an Administrative Procedure Act (APA) claim arguing that the BLM failed to comply with the National Environmental Policy Act ...

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