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

Filing 99

ORDER re 69 Emergency MOTION to Alter Judgment, MOTION for Remedies Hearing re 60 Order on Motion for Summary Judgment, MOTION to Stay Injunction pending Remedies Hearing filed by Signal Peak Energy, LLC. Signed by Judge Donald W. Molloy on 10/31/2017. (NOS)

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Case 9:15-cv-00106-DWM Document 99 Filed 10/31/17 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION FILED ocr J' 2011 Cte~. U . D1M,.;...S D1atn ~ q . Of Af() ct Court A,f;SSoutantana CV 15-106-M-DWM MONTANA ENVIRONMENTAL INFORMATION CENTER, Plaintiff, ORDER vs. UNITED STATES OFFICE OF SURF ACE MINING, an agency within the U.S. Department of Interior, et al., Defendants, ·- -- ··: • .: and SIGNAL PEAK ENERGY, LLC, Defendant-Intervenor. On August 14, 2017, the Court ordered "that mining of the federal coal within the Amendment 3 permit boundary, see AR 021298-99, is ENJOINED pending compliance with NEPA." (Doc. 60 at 64.) Defendant-Intervenor Signal Peak Energy, LLC, seeks to amend that remedy pursuant to Rule 59( e) of the Federal Rules of Civil Procedure. (Doc. 69.) Federal Defendants join in the motion, (Doc. 71), while Plaintiff Montana Environmental Information Center -1- Case 9:15-cv-00106-DWM Document 99 Filed 10/31/17 Page 2 of 2 opposes it, (Doc. 82). A hearing was held today, October 31, 2017, to consider arguments and evidence on the motion. Based on the briefing and the hearing, IT IS ORDERED that the injunction is modified only to the extent that Signal Peak may conduct development work within the federal coal located in Section 8 within the Amendment 3 permit boundary, as identified in the amended Exhibit A to Signal Peak's brief in support, (see Doc. 74). The amount of federal coal displaced by such development work shall not exceed 170,000 tons, and any federal coal so displaced must be stockpiled and stored at the Mine, and shall be neither sold nor shipped. In all other regards, the injunction as set forth in the Court's Order of August 14, 2017, (Doc. 60), remains in full force and effect. A written opinion explaining the basis of the Court's decision will follow. DATED this .3 J~ of October, 2017. day / I V;, : 51 ->L-=-~-----'=---+-~~~~~~~- o ll oy, District Judge District Court -2- ?. M,

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