WESTERN ORGANIZATION OF RESOURCE COUNCILS v. U.S. BUREAU OF LAND MANAGEMENT

No. CV 16-21-GF-BMM.

WESTERN ORGANIZATION OF RESOURCE COUNCILS, et al., Plaintiffs, v. U.S. BUREAU OF LAND MANAGEMENT, an agency within the U.S. Department of the Interior, et al., Defendants.

United States District Court, D. Montana, Great Falls Division.

March 23, 2018.

Editors Note
Applicable Law: 42 U.S.C. § 4321
Cause: 42 U.S.C. § 4321 Review of Agency Action - Environment
Nature of Suit: 899 Other Statutes: Administrative Procedures Act / Review or Appeal of Agency Decision
Source: PACER


Attorney(s) appearing for the Case

Western Organization of Resource Councils, Montana Environmental Information Center, Powder River Basin Resource Council & Northern Plains Resource Council, Plaintiffs, represented by Laura King , WESTERN ENVIRONMENTAL LAW CENTER, Shiloh Silvan Hernandez , WESTERN ENVIRONMENTAL LAW CENTER & Kyle Tisdel , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice.

Sierra Club, Plaintiff, represented by Laura King , WESTERN ENVIRONMENTAL LAW CENTER, Nathaniel Shoaff , SIERRA CLUB, pro hac vice & Shiloh Silvan Hernandez , WESTERN ENVIRONMENTAL LAW CENTER.

Natural Resources Defense Council, Plaintiff, represented by Alison L. Kelly , NATURAL RESOURCE DEFENSE COUNCIL, pro hac vice, Laura King , WESTERN ENVIRONMENTAL LAW CENTER, Sharon Buccino , NATURAL RESOURCES DEFENSE COUNCIL, pro hac vice & Shiloh Silvan Hernandez , WESTERN ENVIRONMENTAL LAW CENTER.

U.S. Bureau of Land Management, an agency within the U.S. Department of the Interior, Defendant, represented by John S. Most , Environment & Natural Resources Division U.S. Department of Justice & Shaun M. Pettigrew , U.S. DEPARTMENT OF JUSTICE - E.N.R.D. GENERAL LITIGATION.

Sally Jewell, in her official capacity as Secretary of the U.S. Department of the Interior, Neil Kornze, in his official capacity as Director of the Bureau of Land Management & Janice Schneider, in her official capacity as Assistant Secretary of Land and Minerals Management of the U.S. Department of the interior, Defendants, represented by Shaun M. Pettigrew , U.S. DEPARTMENT OF JUSTICE - E.N.R.D. GENERAL LITIGATION.

Cloud Peak Energy Inc., Intervenor Defendant, represented by Andrew C. Emrich , HOLLAND & HART, pro hac vice, Brianne C. McClafferty , HOLLAND & HART & William W. Mercer , HOLLAND & HART.

State of Wyoming, Intervenor Defendant, represented by David C. Dalthorp , JACKSON, MURDO & GRANT, P.C., James Kaste , WYOMING ATTORNEY GENERAL, pro hac vice & Erik Edward Petersen , WYOMING ATTORNEY GENERAL, pro hac vice.

Peabody Caballo Mining, LLC. & BTU Western Resources, Intervenor Defendants, represented by Brandon J.T. Hoskins , MOULTON BELLINGHAM, PC, W. Anderson Forsythe , MOULTON BELLINGHAM PC & Kirsten L. Nathanson , CROWELL & MORING, pro hac vice.

Petroleum Association of Wyoming, Amicus, represented by Kevin D. Feeback , TOOLE & FEEBACK, PLLC.


OPINION AND ORDER

I. INTRODUCTION

The Court held a hearing on the parties' four cross-motions for summary judgment (Docs. 72; 78; 84; 87) on November 2, 2017. (Doc. 108.)

Plaintiffs Western Organization of Resource Councils, Montana Environmental Information Center, Powder River Basin Resource...

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