ELR Citation: 49 ELR 20066
No(s). CV-17-30-GF-BMM (D. Mont. Apr 19, 2019) (Morris, J.)

A district court granted in part a challenge to DOI's decision to lift a 2016 moratorium on new coal leasing on public lands. States and environmental groups argued that DOI's decision to lift the moratorium constituted a major federal action subject to NEPA review, and requested that the court order the agency to complete preparation of the programmatic EIS (PEIS) that was begun under the order imposing the moratorium. The court found that the groups raised a substantial question that lifting the moratorium could cause environmental impacts from expedited coal mining on public lands, and thus met the "relatively low" threshold standard for a NEPA triggering event. But it declined to compel the agency to complete preparation of the PEIS because the decision of whether a PEIS is necessary represented a manner of action left to the agency's discretion. It therefore ordered the parties to reach an agreement as to remedies for DOI's noncompliance with NEPA.