DINÉ CITIZENS v. U.S. OFFICE OF SURFACE MINING

Civil Action No. 12-cv-01275-JLK.

82 F.Supp.3d 1201 (2015)

DINÉ CITIZENS AGAINST RUINING OUR ENVIRONMENT, San Juan Citizens Alliance, Sierra Club, Center for Biological Diversity, and Amigos Bravos, Petitioners, v. UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, an agency within the U.S. Department of the Interior; Sally Jewell, in her official capacity as Secretary of the Interior; Al Klein, in his official capacity as Regional Director of the U.S. Offices of Surface Mining Reclamation and Enforcement, Western Region; Bob Postle, in his official capacity as Manager of the Program Support Division for the Western Region of the Office of Surface Mining Reclamation and Enforcement; Rick Williamson, in his official capacity as Manager of the Indian Programs Branch of the Western Region of the Office of Surface Mining Reclamation and Enforcement; and Mychal Yellowman, in his official capacity as Navajo Mine Team Leader in the Office of Surface Mining Reclamation and Enforcement; Respondents, and The Navajo Transitional Energy Company, LLC, Intervenor-Respondent.

United States District Court, D. Colorado.

Signed March 2, 2015.


Attorney(s) appearing for the Case

Erik Schlenkor-Goodrich Megan McCrea Anderson O'Reilly , Kyle James Tisdel , Taos, NM, Shiloh Silvan Hernandez , Helena, MT, for Petitioners.

Peter James McVeigh , U.S. Department of Justice, Washington, DC, for Respondents.

Paul E. Frye , William Gregory Kelly , Frye Law Firm, P.C., Albuquerque, NM, for Intervenor-Respondent.


MEMORANDUM OPINION AND ORDER

Despite hundreds of pages of briefing and a voluminous administrative record, this case presents a relatively straightforward question: must the Office of Surface Mining Reclamation and Enforcement ("OSM") consider the environmental impacts related to the combustion,...

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