WildEarth Guardians Scores Victories for Clean Energy

Overturns 200 Million Ton Coal Lease in Wyoming; Thwarts Montana Rollback of Oil and Gas Rules

Denver—In the last week, WildEarth Guardians overturned a U.S. Forest Service decision authorizing more than 222 million tons of coal mining in Wyoming and forced Montana to withdraw a proposal to weaken the way it permits air pollution from oil and gas operations. 

“These little victories add up to big wins for the wildlife, wild places, and wild rivers of the American West,” said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians.  “To secure a clean energy future, we need to transition away from dirty fossil fuels.  These wins are exactly the kind of steps we need to take.”

In late March, the Rocky Mountain Regional Office of the Forest Service “reversed in whole” a decision that consented to the leasing of more than 222 million tons of coal in the Powder River Basin of Wyoming.  Although the U.S. Bureau of Land Management issues coal leases, if leases include National Forests or Grasslands, they can’t lease without getting permissions from the Forest Service.

In this case, the Forest Service consented to the issuance of the South Hilight coal lease, which would have facilitated the expansion of the Black Thunder coal mine, the largest coal mine in the world.  The lease included portions of the Thunder Basin National Grassland in northeastern Wyoming.  When burned, the coal would release more than 400,000,000 tons of carbon dioxide—equal to the annual emissions from 87 coal-fired power plants.

WildEarth Guardians appealed the consent, partly over the Forest Service’s failure to provide notice and an opportunity for public comment on the decision.  The Regional Office agreed, overturning the consent and forcing the Forest Service back to the drawing board.

“We can’t achieve a clean energy future by mining 222 million tons of coal,” said Nichols.  “Thankfully, the Forest Service will have to take a closer look at the impacts of this lease and actually take into account public concerns.”

Also in late march, the State of Montana withdrew a proposal that would have rolled back the way it permits air pollution from oil and gas operations.  In 2005 and 2006, Montana adopted rules that allowed the state to permit air pollution oil and gas wells after they were drilled, rather than before they were drilled. 

After being sued by WildEarth Guardians, in January of 2011, the U.S. Environmental Protection Agency proposed to disapprove this “leap before looking” approach to permitting air pollution, a move that, if approved, would have led to sanctions against Montana.  Instead, the state withdrew its rollbacks altogether. 

“Montana’s rules defied common sense, it would be like giving building permits to a contractor after a building has already been built,” said Nichols.  “Protecting clean air means ensuring we have safeguards upfront to keep pollution in check before it’s released, not after it’s too late.  We’re pleased that Montana has chosen to find a better way to protect public health and the environment.”


 

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