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- WildEarth Guardians v. United States Office of Sur...
Litigation
WildEarth Guardians v. United States Office of Surface Mining Reclamation & Enforcement
Date
2013
Geography
About this case
Documents
Filing Date
Type
Action Taken
Document
Summary
06/17/2016
Decision
Order and judgment issued.
The Tenth Circuit Court of Appeals dismissed an appeal by two mining companies of a Colorado district court decision that said the United States Office of Surface Mining Reclamation and Enforcement (OSM) had violated NEPA when it approved mining plan modifications for mines owned by the companies. While the appeal was pending, OSM completed new NEPA analyses and reapproved the plans, but the mining companies said that OSM’s reapprovals reset the statute of limitations for third-party challenges and included conditions adversely affecting their lease rights and requiring downstream studies. The Tenth Circuit concluded that the appeal was moot because it addressed only the now-superseded OSM actions and did not fall into the “capable of repetition but evading review” exception to the mootness doctrine.
07/10/2015
Decision
Order issued.
The Tenth Circuit ordered the appellants—two coal mine owners—to submit briefs addressing the basis for appellate jurisdiction.
06/29/2015
Decision
Order issued.
On June 29, 2015, the Tenth Circuit sua sponte issued an order questioning whether the district court’s judgment was final and suspending briefing. The order noted that the district court had not vacated agency approval of the expansion, and instead had given the Office of Surface Mining Reclamation and Enforcement 120 days to fulfill its review obligations under the National Environmental Policy Act (NEPA), after which the court indicated it would issue an order of vacatur if the agency had not completed its work.
Summary
Challenge to environmental review for coal mining operations.