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CITIZENS FOR CONSTITUTIONAL INTEGRITY v. UNITED STATES

No. 22-1056.

70 F.4th 1289 (2023)

CITIZENS FOR CONSTITUTIONAL INTEGRITY; Southwest Advocates, Inc., Plaintiffs-Appellants, v. UNITED STATES of America; the Office of Surface Mining Reclamation and Enforcement; Debra Haaland, in her official capacity as Secretary of the Department of the Interior; Glenda Owens, in her official capacity as Acting Director of the Office of Surface Mining Reclamation and Enforcement; Kate MacGregor, in her official capacity as Acting Assistant Secretary for Land and Minerals Management, Defendants-Appellees. GCC Energy, LLC, Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED June 12, 2023.

Attorney(s) appearing for the Case

Jared S. Pettinato , The Pettinato Firm, Washington, D.C., for Plaintiffs-Appellants.

Sommer H. Engels , Attorney, Environment and Natural Resources Division, U.S. Department of Justice ( Todd Kim , Assistant Attorney General, Bridget K. McNeil , Attorney, Environment and Natural Resources Division, with her on the brief), Washington, D.C., for Defendants-Appellees.

Before HARTZ, TYMKOVICH, and MATHESON, Circuit Judges.

Citizens for Constitutional Integrity and Southwest Advocates, Inc. (Plaintiffs) appeal the denial of their motion for temporary relief by the United States District Court for the District of Colorado. The Department of the Interior's Office of Surface Mining Reclamation and Enforcement (the Office) granted a coal-mining permit...

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