WILDEARTH GUARDIANS v. U.S. FOREST SERVICE

Civil Action No. 08-cv-02167-JLK.

713 F.Supp.2d 1243 (2010)

WILDEARTH GUARDIANS, a not-for-profit corporation, Petitioner, v. UNITED STATES FOREST SERVICE, a federal agency within the U.S. Department of Agriculture, Rick Cables, in his official capacity as Regional Forester of the U.S. Forest Service's Rocky Mountain Region, Charles S. Richmond, in his official capacity as Supervisor of the Grand Mesa, Uncompahgre, Gunnison National Forest, United States Department of the Interior, a federal agency, and Wilma Lewis, in her official capacity as Assistant Secretary, Land and Minerals Management, U.S. Department of the Interior, Respondents, and Mountain Coal Company, Intervener-Respondent.

United States District Court, D. Colorado.

April 1, 2010.


Attorney(s) appearing for the Case

Edward Breckenridge Zukoski , Earthjustice Legal Defense Fund, Denver, C.O., for Petitioner.

Gregory Daniel Page , U.S. Department of Justice, Washington, D.C., for Respondents.

Stephen D. Bell , Dorsey & Whitney, LLP, Denver, C.O., for Intervener-Respondent.


MEMORANDUM OPINION AND ORDER

KANE, J.

The West Elk Coal Mine is a subterranean coal mine located near Paonia, Colorado. Operated since 1981 by the Mountain Coal Company ("MCC"), a subsidiary of the St. Louis, Missouri-based Arch Coal Company, the mine largely underlies lands managed by the Grand Mesa, Uncompahgre, Gunnison National Forest. As a result of MCC's mining activities, significant quantities of methane...

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