Description: Challenge to federal approval of mining plan for development of federally owned coal in Colorado.
WildEarth Guardians v. Jewell
Filing Date Type File Action Taken Summary 06/17/2016 Order Download Order issued granting motion to sever and transfer. The court severed the claims concerning the New Mexico and Wyoming mines and transferred them to the federal district courts in those states. The Wyoming cases became No. 2:16-cv-00166 and No. 2:16-cv-00167 (D. Wyo.). The New Mexico case became No. 1:16-cv-00605 (D.N.M.). 01/29/2016 Motion Download Joint motion filed seeking to stay proceedings during settlement negotiations. Parties Asked for Stay in WildEarth Guardians’ Challenge to Mining Plans in Colorado, New Mexico, and Wyoming. On January 29, 2016, WildEarth Guardians and federal defendants filed a joint motion seeking a stay of proceedings in an action where WildEarth Guardians charged that the federal government improperly approved mining plans for the development of federally owned coal in Colorado, New Mexico, and Wyoming. The motion sought a stay until April 1, 2016 so that the parties can conduct settlement negotiations. The motion indicated that the parties would meet in person by March 4, 2016 for settlement discussions after exchanging written term sheets, and then notify the court within two weeks of the meeting regarding whether they had been able to reach a settlement. A motion to sever the action and transfer claims relevant to the New Mexico and Wyoming to the federal courts in those states remained pending, and was opposed by WildEarth Guardians. 01/07/2016 Response Download Plaintiff filed opposition to motion to sever and transfer. WildEarth Guardians opposed the defendants' motion to sever and transfer claims. 11/25/2015 Motion Download Federal respondents filed motion to sever and transfer claims. The defendants filed a motion to sever the action and transfer claims relevant to the New Mexico and Wyoming to the federal courts in those states. 09/15/2015 Petition for Review Download Petition for review filed. Lawsuit Alleged That Federal Government Should Address Climate Impacts of Coal Mining Plans. WildEarth Guardians filed a lawsuit in the federal district court for the District of Colorado alleging that the federal government improperly approved mining plans for the development of federally owned coal in Colorado, New Mexico, and Wyoming. More generally, WildEarth Guardians accused the Secretary of the Interior, the Department of the Interior, and the Office of Surface Mining, Reclamation and Enforcement of engaging in an “ongoing pattern and practice of uninformed decisionmaking.” The complaint included seven claims for relief under NEPA, including failure to consider direct, indirect, and cumulative climate impacts resulting from mining, burning, and transporting coal, and failure to consider the climate impacts of similar and cumulative actions. WildEarth Guardians contended that the defendants should have used the social cost of carbon protocol to address the costs of reasonably foreseeable carbon dioxide emissions.