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WildEarth Guardians v. Bernhardt

ELR Citation: 51 ELR 20020
Nos. CV 17-80-BLG-SP, (D. Mont., 02/03/2021) (Watters, J.)

A district court blocked expansion of a Montana surface coal mine, adopting a magistrate judge's findings and recommendations. Environmental groups challenged OSM's updated EA and reissued FONSI for the expansion. The magistrate judge found that OSM failed to take a "hard look" at the indirect effects of coal transportation, non-greenhouse gas emissions, and greenhouse gas emissions resulting from the expansion, and that its decision not to prepare an EIS was arbitrary and capricious. The court agreed with the magistrate judge's findings, and ordered OSM to complete a corrective NEPA analysis and prepare an updated EA.