Description: Challenge to federal approval of mining plan for expansion of coal mine in western Colorado.
WildEarth Guardians v. Bernhardt
Filing Date Type File Action Taken Summary 07/02/2019 Complaint Download Complaint filed. Environmental Groups Challenged Environmental Review of Mining Plan for Expanded Colorado Coal Mine. Five environmental groups filed a lawsuit in the federal district court for the District of Colorado challenging federal approval of a mining plan for the 1,720-acre expansion of the West Elk Coal Mine in western Colorado. The plaintiffs asserted that the federal respondents violated the National Environmental Policy Act (1) by failing to consider an alternative that would reduce or offset methane pollution associated with coal mining, (2) by failing to support their conclusion that a previously prepared supplemental environmental impact statement covered activities permitted by the mining plan, (3) by failing to take a hard look at the cumulative impacts of climate change in conjunction with other similar federal coal approvals and proposals and in light of new climate science and information, and (4) by failing to take hard look at impacts on fish and water resources. The plaintiffs also filed a motion for a preliminary injunction. 07/02/2019 Motion Download Motion for preliminary injunction filed.