ELR Citation: ELR 21210
No(s). 82-2763 (D.D.C. Jun 5, 1990)

The court holds that environmental groups have standing to challenge rules governing the Department of the Interior's national program for managing coal leasing and mining. The court initially holds that plaintiffs need only present sufficient evidence from which the court can infer the existence of standing to survive summary judgment. The court holds that the injuries to the environmental groups' procedural and informational interests are sufficient to confer standing. Plaintiffs allege that they have been denied public participation opportunities guaranteed under the Federal Land Policy and Management Act (FLPMA) and the Surface Mining Control Reclamation Act (SMCRA). Although there are some avenues for public participation in the coal leasing process, plaintiffs need only show that they were deprived of public participation opportunities that are statutorily authorized. The court holds that the environmental group has associational standing because its members would otherwise have standing to sue, the interests it seeks to protect are germane to the organizations' purpose, and neither the claim asserted nor the relief requested requires the participation of individual members. Affidavits from groups' members point to specific land that they intend to use that remains subject to mining after defendants allegedly unlawfully extended the development deadline in the Federal Coal Leasing Amendments Act (FCLAA). That plaintiffs cannot prove that the coal leases are in immediate danger of development is not fatal to standing. Members have also adequately alleged injury-in-fact from the provisions in the regulations for time extensions for submission of operation and reclamation plans. A time extension for filing these plans can increase the threat of environmental degradation. The court also holds that environmental groups' allegation of standing survives a prudential test. Plaintiffs have plausibly asserted that their injuries are arguably within the zone of interests protected by the FCLAA, SMCRA, and FLPMA.

Counsel for Plaintiffs
Lloyd Galloway
Galloway & Greenberg
1835 K St. NW, Ste. 801, Washington DC 20006
(202) 833-9084

Counsel for Defendants
Alfred Ghiorzi
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000