BILLINGS, Mont. — The U.S. Interior Department should not have approved the expansion of a southeastern Montana coal mine without taking a closer look at its effect on the environment, a federal judge said of a lawsuit arguing the government ignored coal’s contributions to climate change.
Environmental groups sued the Interior Department after it approved an expansion of the Spring Creek Coal mine in 2012. The case marks the second time conservationists have used worries over climate change to successfully challenge approval of a coal mine after it had been granted.
But unlike in the previous case involving Colorado mines, U.S. Magistrate Judge Carolyn Ostby did not explicitly name climate change as a factor in her decision. She referred more broadly to air quality and environmental concerns, saying the government had failed to explain its thinking on the issue before granting approval and failed to seek public input.
Ostby said work at the mine near Decker will not be shut down immediately. Rather, the judge recommended that federal officials reconsider the environmental effects of the expansion by Wyoming-based Cloud Peak Energy. The mine, which employs about 260 people, is allowed to continue operating in the meantime.
The judge gave the government 180 days to complete its analysis and involve the public, before the mine’s approval would be vacated. U.S. District Judge Susan Watters will have the final decision.
