Case Summary Citation
WildEarth Guardians v. United States Office of Surface Mining, Reclamation and Enforcement, No. 1:13-cv-00518-RBJ, ___ F. Supp. 3d ___, 2015 U.S. Dist. LEXIS 60617, 2015 WL 2207834 (D. Colo. May 8, 2015).
The Colorado District Court in WildEarth Guardians v. United States Office of Surface Mining, Reclamation and Enforcement ordered the United States Office of Surface Mining to reevaluate the environmental impact of an approved mining modification plan for the Colowyo Mine after the Office failed to involve the public in the approval process and did not take a “hard look” at the modification’s effects on the environment as required by NEPA. Even though the Office of Surface Mining also approved the Trapper Mine’s modification plan without fulfilling NEPA’s requirements, WildEarth Guardians was left without a remedy regarding that mine because the coal that was affected by the modification had already been removed.