WildEarth Guardians v. Bernhardt

In a case involving a challenge to the Office of Surface Mining Reclamation and Enforcement’s (OSM’s) environmental review of a mining plan modification for an active coal mine in a national forest in Colorado, the federal government moved to dismiss with prejudice its appeal of a District of Colorado order that enjoined a mining plan modification for the mine until further analysis was conducted regarding a methane flaring alternative and other issues. The Tenth Circuit dismissed the appeal on February 27. On December 13, 2019, OSM published a draft environmental assessment and finding of no significant impact (FONSI) in response to the district court’s order. The FONSI concluded that the mining plan modification—which would allow continuation of mining operations for approximately 10 million tons of recoverable coal and include a voluntary methane flaring measure—would not have a significant impact. The comment period closed on December 23. Editor’s note: this coal mine is part of the joint venture between Arch Coal and Peabody that the Federal Trade Commission challenged on February 27.