Lawsuit filed to protect coal leasing
In the latest on the Bureau of Land Management’s (BLM) saga of updating resource management plans (RMP) for field offices across the West, Wyoming and Montana announced on Dec. 12 they will file suit against the agency’s 2024 records of decision (ROD) and approved RMP amendments (ARMPA) for the Buffalo Field Office and Miles City Field Office, which will end new federal coal leasing in the Powder River Basin.
In their claim, Wyoming and Montana argue the ARMPAs are unreasonable, unjustified and unsupported by federal law.
“Instead of working with the states to address their concerns, BLM pushed through their narrow-minded agenda to stop using coal, ignoring the multiple-use mandate and the economic impacts of this decision, including skyrocketing electricity bills for consumers,” states Gov. Mark Gordon in a Dec. 12 press release. “They did not do their job properly.”
The ARMPA
Action taken by the two states comes in response to the BLM’s release of two supplemental environmental impact statements and proposed amendments for the Buffalo Field Office and Miles City Field Office in May, followed by a Nov. 20 announcement that the agency followed through with its preferred alternative – Alternative A – despite pushback from both states.
Chosen from a set of six alternatives, which were later narrowed down to three, Alternative A would allow existing coal mines in Wyoming to continue operations until 2041, but would close all future coal leasing in the area.
BLM cites reduced coal production and a push for “cleaner energy” for this decision.
“Both U.S. total coal production and Powder River Basin coal production peaked in 2008 and have since declined steeply, according to the Energy Information Administration,” writes BLM in the May press release. “The 12 active surface coal mines within the Buffalo Field Office produced approximately 220 million short tons of federal coal in 2022, down roughly 400 million in 2008.”
Publication of the proposed amendments kicked off a 30-day public protest period and a 60-day Governor’s Consistency Review.
Through the National Environmental Policy Act (NEPA) process, BLM is required to evaluate and respond to each protest, and responses are compiled and documented in a Protest Resolution Report. These responses, combined with input from the Governor’s Consistency Review, are considered when creating the ROD.
However, in a Nov. 26 press release, Gordon voices his concern with how well the agency actually takes these comments into account.
“Throughout the plan amendment process, and most recently in the Governor’s Consistency Review, Wyoming has raised countless issues with the Buffalo RMP. The BLM simply ignored the state’s concerns,” the news brief reads. “It is apparent BLM has ramrodded this plan through the federal administrative process, rather than addressing legitimate grassroots issues identified by the state and its counties. This is not a balanced resource management strategy, but an anti-fossil fuel, politically-motivated action taken before the door slams on this administration.”
“The state of Wyoming will seek every remedy to overturn this decision, including litigation,” Gordon continues. “We will also work with the incoming Wyoming Congressional Delegation and the Trump administration to reverse this foolhardy decision.”
The lawsuit
True to his word, Gordon joined Montana Gov. Greg Gianforte in filing suit against the BLM in mid-December, arguing the ARMPA fails to comply with NEPA and the Federal Land Policy and Management Act and addressing the importance of coal production in the Powder River Basin.
“Coal is still king in the Powder River Basin, which spans across northeastern Wyoming and southeastern Montana and accounts for 85 percent of all coal produced on federal lands,” the petition states.
The petition further notes, because coal production takes place on federal lands, Wyoming and Montana have historically cooperated with the federal government, but the ARMPAs “mark a shift in BLM’s treatment of coal leasing” and a “new era for how BLM will engage with states, counties and local governments.”
“And, it marks a devastating blow to Wyoming and Montana, where coal production fuels the economy,” the document reads. “Even though these states, their agencies and counties, industry groups and members of Congress objected to the proposed management plan, BLM gave their concerns short shrift and moved forward with its own agenda.”
“The federal government’s abrupt halt of new leasing in the Powder River Basin is unreasonable, unjustified and unsupported by federal law,” the states write. “This court should set aside the Buffalo and Miles City ARMPAs.”
Hannah Bugas is the managing editor of the Wyoming Livestock Roundup. Send comments on this article to roundup@wylr.net.
