Montana Elders for a Livable Tomorrow et al v. U.S. Office of Surface Mining et al

Filing 61

CLERK'S JUDGMENT (APP)

UNITED STATES DISTRICT COURT
DISTRICT OF MONTANA
MISSOULA DIVISION

MONTANA ENVIRONMENTAL
INFORMATION CENTER,

Case No. CV-15-106-M-DWM
JUDGMENT IN A CIVIL CASE

Plaintiff,
vs.
U.S. OFFICE OF SURFACE
MINING ET AL,
Defendants,
and
SIGNAL PEAK ENERGY, LLC,
Defendant-Intervenor.

Jury Verdict. This action came before the Court for a trial by jury. The
issues have been tried and the jury has rendered its verdict.
X
Decision by Court. This action came before the Court for bench trial,
hearing, or determination on the record. A decision has been rendered.
IT IS ORDERED AND ADJUDGED IT IS ORDERED that Montana Elders
for a Livable Tomorrow and Montana Chapter of the Sierra Club are DISMISSED
FOR LACK OF STANDING.

IT IS FURTHER ORDERED that Plaintiffs Motion for Summary Judgment
(Doc. 40) is GRANTED IN PART and DENIED IN PART as follows:
1. The motion is DENIED as to Count I of the Complaint.
2. The motion is GRANTED as to Count II of the Complaint.
3. The motion is GRANTED as to Count III of the Complaint.
4. The motion is GRANTED as to Count IV of the Complaint.
5. The motion is DENIED as to Count V of the Complaint.
6. The motion is DENIED as to Count VI of the Complaint.
7. The motion is DENIED as to Count VII of the Complaint.
Defendants' Motions for Summary Judgment (Docs. 48, 51) are correspondingly
GRANTED and DENIED.
IT IS FURTHER ORDERED that the Mining Plan EA is VACATED and SET
ASIDE, and this matter is REMANDED to the Enforcement Office for further action
consistent with this Order. Although this Order does not mandate the preparation of an
EIS, an EIS may be required under NEPA.
IT IS FURTHER ORDERED that mining of the federal coal within the
Amendment 3 permit boundary, see AR 021298-99, is ENJOINED pending
compliance with NEPA.

Dated this 14th day of August, 2017.
TYLER P. GILMAN, CLERK
By: /s/ Annie Puhrmann
Annie Puhrmann, Deputy Clerk