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)

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

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D1M,.;...S D1atn
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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

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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

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o ll oy, District Judge
District Court

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