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WildEARTH GUARDIANS v. U.S. OFFICE OF SURFACE MINING, RECLAMATION AND ENFORCEMENT

Nos. CV 14-13-BLG-SPW-CSO, CV 14-103-BLG-SPW-CSO

WILDEARTH GUARDIANS, Plaintiff, v. U.S. OFFICE OF SURFACE MINING, RECLAMATION AND ENFORCEMENT, AL KLEIN, in his official capacity as Western Regional Director of the Office of Surface Mining Reclamation and Enforcement, Denver, Colorado, and SALLY JEWELL, in her capacity as U.S. Secretary of the Interior, Defendants, and STATE OF MONTANA, SPRING CREEK COAL LLC, NATIONAL MINING ASSOCIATION, Defendant-Intervenors. NORTHERN PLAINS RESOURCE COUNCIL INC., WESTERN ORGANIZATION OF RESOURCE COUNCILS INC, Plaintiffs, v. SALLY JEWELL, in her official capacity as U.S. Secretary of the Interior, U.S. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, Defendants, and STATE OF MONTANA, SPRING CREEK COAL LLC, NATIONAL MINING ASSOCIATION, Defendant-Intervenors.

United States District Court, D. Montana, Billings Division.

October 23, 2015.

Attorney(s) appearing for the Case

Northern Plains Resource Council, Inc., Consol Plaintiff, represented by Jack R. Tuholske , TUHOLSKE LAW OFFICE & Brad A. Bartlett , UNIVERSITY OF DENVER.

Western Organization of Resource Councils, Inc., Consol Plaintiff, represented by Jack R. Tuholske , TUHOLSKE LAW OFFICE & Brad A. Bartlett , UNIVERSITY OF DENVER.

S.M.R. Jewell, Defendant, represented by John S. Most & Mark Steger Smith , OFFICE OF THE U.S. ATTORNEY.

Spring Creek Coal LLC, Intervenor Defendant, represented by William W. Mercer , HOLLAND & HART, Adrian Ann Miller , HOLLAND & HART, Andrew C. Emrich , HOLLAND & HART & Kristina R. Van Bockern , HOLLAND & HART.

National Mining Association, Intervenor Defendant, represented by Michael Drysdale , DORSEY & WHITNEY LLP & Stephen D. Bell , Dorsey & Whitney LLP.

State of Montana, Intervenor Defendant, represented by Alan Lynn Joscelyn , MONTANA DEPARTMENT OF JUSTICE, Cory J. Swanson , MONTANA DEPARTMENT OF JUSTICE & Timothy C. Fox , MONTANA ATTORNEY GENERAL.

Wildearth Guardians, Plaintiff, represented by Samantha M. Ruscavage-Barz , WILDEARTH GUARDIANS & Sarah K. McMillan , WILDEARTH GUARDIANS.

U.S. Office of Surface Mining Reclamation and Enforcement, Defendant, represented by John S. Most & Mark Steger Smith , OFFICE OF THE U.S. ATTORNEY.

Al Klein, Defendant, represented by John S. Most & Mark Steger Smith , OFFICE OF THE U.S. ATTORNEY.

FINDINGS AND RECOMENDATIONS

This action arises from the Office of Surface Mining Reclamation and Enforcement's ("OSM") approval of a mining plan modification for the Spring Creek Mine in Montana. This agency decision gave rise to two actions in this court: (1) Northern Plains Resource Council et al...

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