COAL MINE EXPANSION permit rulings affirmed in part, reversed in part, remanded for rehearing by BER and recalculation of attorney fees from the $862,755 awarded Conservation Groups for both administrative and judicial proceedings… Bidegaray affirmed, reversed. [Read more…]
Appellate procedure, denial of stay pending appeal
APPELLATE PROCEDURE: Denial of stay pending appeal of reversal of coal strip-mine permit reversed… Bidegaray reversed (order). [Read more…]
Environment, coal mine expansion’s greenhouse gas
ENVIRONMENT: Interior failed to provide convincing reasons why coal mine expansion’s greenhouse emissions would be insignificant… Molloy affirmed, reversed. [Read more…]
Water pollution, coal mine ephemeral discharges
WATER POLLUTION: Fact issues preclude summary judgment upholding permit to discharge rain & snow water surrounding coal mine into Yellowstone River tributaries… Seeley reversed. [Read more…]
Environment, Bull Mountains coal lease
ENVIRONMENT: Challenge of BLM’s decision to lease coal in Bull Mountains properly rejected. . . Watters affirmed (unpublished). [Read more…]
Environment, Gallatin projects, lynx/grizzlies
ENVIRONMENT: Gallatin Forest projects properly enjoined as to lynx habitat, upheld as to grizzlies… Christensen affirmed (unpublished). [Read more…]
SMCRA, prospective coal mine approval
SMCRA: Suit to bar DEQ Director from approving coal mining permit because she assertedly will violate “subsidiary duties” properly dismissed for lack of standing and ripeness because alleged injury not imminent… “firm prediction” not possible… Christensen affirmed. [Read more…]
Environment, CBM water rules
ENVIRONMENT: Appropriate standard of review of CBM water rules assembled from multiplicity of Acts raised in challenge… scientific basis for classifying pollutant parameters as harmful in 2006 when not so classified in 2003… new rules not more stringent than federal law, [Read more…]