Tag Archives: “350 Montana v. Haaland”

Another NEPA Obstacle To Coal Mining

Last week, Judge Donald Malloy vacated the Environmental Assessment for the Bull Mountains Mine No. 1 in central Montana.  Judge Malloy had already vacated the EA once; when the 9th Circuit affirmed Judge Malloy’s decision that the EA violated NEPA, it remanded the case for new findings as to whether vacatur would be appropriate. 

The default rule is that when agency action has been struck down,… More