WildEarth Guardians v. Jewell

738 F.3d 298 (2013)

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WildEarth Guardians v. Jewell

United States Court of Appeals for the District of Columbia Circuit
738 F.3d 298 (2013)

  • Written by Tammy Boggs, JD

Facts

Antelope Coal LLC, which operated a coal mine in Wyoming, requested that the Bureau of Land Management (BLM) offer to lease a tract of federal land pursuant to the BLM’s authority under the Mineral Leasing Act and Federal Land Policy and Management Act. The BLM, in consultation with the Environmental Protection Agency (EPA), prepared a draft environmental-impact statement (EIS) and underwent a duly noticed public hearing, comment, and response process. The final environmental-impact statement (FEIS) was published for public review and comment. The BLM ultimately approved the lease of federal land to Antelope Coal, which would still be required to obtain a mining permit from different government agencies prior to commencement of any coal mining on the leased land. Several opponents to the lease approval, including WildEarth Guardians (collectively, WildEarth) (plaintiffs), sued the government (defendant) in district court challenging the adequacy of the FEIS. WildEarth argued that the FEIS did not sufficiently address the specific effects of coal mining on global climate change and ground-level ozone levels and that effects from future mining on leased land should have been considered. The district court granted summary judgment in favor of the government. WildEarth appealed.

Rule of Law

Issue

Holding and Reasoning (Henderson, J.)

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