Protecting Montana Citizens and Ranchers from Harmful Effects of New Coal Mining Activities
On behalf of the Northern Plains Resource Council and National Wildlife Federation, the Clinic has filed a lawsuit against the State of Montana and Arch Coal, Inc. arguing that, in order to comply with the State's constitutional protection for a "clean and healthful environment," the State must fully consider the harmful effects of coal mining and related climate change effects on local communities, ranchers, wildlands, surface waters, groundwater and other receptors before leasing large tracts of public land to industry for extractive coal mining operations. The Montana state court has recently denied a motion to dismiss filed by Arch Coal and held that NPRC and NWF have adequately plead a claim based on a constitutional violation, thus allowing the lawsuit to move forward to the merits. In addition, the Clinic has recently filed a petition on behalf of its clients asking the federal Surface Transportation Board to reconsider its 2007 approval of the proposed Tongue River Railroad in Montana, a $550 million project that would open the Otter Creek tract and other areas of the Power River Basin to massive new coal mining operations. The coal mined at Otter Creek would emit at least 2.4 billion tons of carbon dioxide. Accordingly, the petition argued that the STB's 2007 approval failed to take into account how burning of coal contributes to climate change and urged the STB to conduct a new environmental study and consider alternatives that would avoid or minimize harmful impacts.
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