350 MONTANA v. HAALAND

No. 20-35411.

350 MONTANA; MONTANA ENVIRONMENTAL INFORMATION CENTER; SIERRA CLUB; WILDEARTH GUARDIANS, Plaintiffs-Appellants, v. DEBRA 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 April 4, 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 & 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), Holland & Hart LLP, Washington, D.C.; Hadassah M. Reimer , Holland & Hart LLP, Jackson, Wyoming; Sarah C. Bordelon , Holland & Hart LLP, Reno, Nevada; for Intervenor-Defendant-Appellee.

Mark Norman Templeton and Robert Adam Weinstock , Attorneys; Andrew Burchett , Justin Taleisnik , and Daniel Abrams , Clinic 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.

Opinion by Judge Christen, Dissent by Judge R. Nelson.


OPINION

In 2018, the Department of the Interior's Office of Surface Mining Reclamation and Enforcement (Interior) approved a proposal to expand a coal mine in south-central Montana. The expansion is expected to result in the emission of 190 million tons of greenhouse gases (GHGs). Interior published an Environmental...

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