WESTERN ORGANIZATION OF RESOURCE COUNCILS v. ZINKE

No. 15-5294.

892 F.3d 1234 (2018)

WESTERN ORGANIZATION OF RESOURCE COUNCILS and Friends of the Earth, Appellants v. Ryan ZINKE, in His Capacity as Secretary of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 2018.


Attorney(s) appearing for the Case

Eric F. Citron argued the cause for appellants. With him on the briefs were Thomas C. Goldstein and Richard E. Ayres . Sarah E. Harrington entered an appearance.

Michael T. Gray , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Jeffrey H. Wood , Acting Assistant Attorney General, and Eric Grant , Deputy Assistant Attorney General.

James Kaste , Deputy Attorney General, Office of the Attorney General for the State of Wyoming, Erik E. Petersen , Supervisory Attorney General, and Michael M. Robinson , Senior Assistant Attorney General, were on the joint brief of intervenors the State of Wyoming, et al. in support of appellees. Margaret I. Olson , Assistant Attorney General, Office of the Attorney General for the State of North Dakota, and Andrew C. Emrich entered appearances.

James M. Auslander and Peter J. Schaumberg were on the brief for amicus curiae National Mining Association in support of defendants-appellees and intervenors-appellees for affirmance of the District Court.

Concurring opinion filed by Senior Circuit Judge Edwards.


The Mineral Leasing Act, 30 U.S.C. § 181 et seq. (2012), and the Federal Land Policy and Management Act of 1976, 43 U.S.C. § 1701 et seq., authorize the Secretary of the Department of the Interior ("Secretary" or "Department") to lease rights to mine coal on public lands...

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