Citizens for Clean Energy et al v. U.S. Department of the Interior et al

Filing 246

ORDER; The Clerk of Court is directed to close this case and enter judgmentpursuant to Federal Rule of Civil Procedure 58. Signed by Judge Brian Morris on 10/11/2022. (TLO)

Case 4:17-cv-00030-BMM Document 246 Filed 10/11/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

CITIZENS FOR CLEAN ENERGY, et al.,

4:17-CV-00030-BMM

Plaintiffs,
and

ORDER

THE NORTHERN CHEYENNE TRIBE,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
THE INTERIOR, et al.,
Defendants,
and
STATE OF WYOMING, et al.,
Defendant-Intervenors.
STATE OF CALIFORNIA, et al.,
Plaintiffs,
v.

4:17-CV-00042-BMM

U.S. DEPARTMENT OF THE INTERIOR,

(CONSOLIDATED CASE)

et al.,
Defendants,

ORDER

and
STATE OF WYOMING, et al.,
Defendant-Intervenors.

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Case 4:17-cv-00030-BMM Document 246 Filed 10/11/22 Page 2 of 3

The Court granted Plaintiffs’ Motion for Summary Judgment in part, ruling
that the Bureau of Land Management’s (“BLM”) Final Environmental Assessment
(“EA”) of the Zinke Order failed to comply with National Environmental Policy
Act (“NEPA”) and Administrative Procedure Act (“APA”) requirements. (Docs.
202 & 204.) The Court denied Federal Defendants,’ State Intervenors,’ and
National Mining Association’s (“NMA”) Motions for Summary Judgment (Docs.
219, 223, & 225), and NMA’s Motion to Dismiss (Doc. 210).
The Court vacated and remanded BLM’s Final EA and associated Finding of
No Significant Impact (“FONSI”). (Doc. 21 at 19.) The Court further ordered that
the coal leasing program moratorium established by the Jewell Order shall be
reinstated until the competition of sufficient NEPA review analyzing revocation of
the moratorium. (Id.) The Court deferred a decision on Plaintiffs’ claims based on
the Federal Land Policy and Management Act (“FLPMA”), the Mineral Leasing
Act (“MLA”), and the Federal Government’s trust obligation until Federal
Defendants have completed an appropriate NEPA analysis. (Doc. 214 at 17.)
The Court enters final judgment as to the August 12, 2022 Order. (Doc.
214.)
ACCORDINGLY, IT IS HEREBY ORDERED that:
(1)

The Clerk of Court is directed to close this case and enter judgment

pursuant to Federal Rule of Civil Procedure 58.
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Case 4:17-cv-00030-BMM Document 246 Filed 10/11/22 Page 3 of 3

DATED this 11th day of October, 2022.

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