ELR Citation: ELR 20227
No(s). s. 05-35408 et al (9th Cir. Sep 11, 2007)

The Ninth Circuit upheld an injunction limiting, but not entirely prohibiting, coal-bed methane development in the Powder River Basin of Montana and Wyoming while the Bureau of Land Management (BLM) expands its environmental impact statement (EIS) for the project. The lower court concluded that although the final EIS was generally sufficient under the National Environmental Policy Act (NEPA), it improperly failed to consider the "phased development" alternative proposed by the commenters. The court then issued a partial injunction, as proposed by BLM, prohibiting coal-bed methane development on 93% of the resource area until BLM completed a revised EIS, but permitting development on 7% of the resource area. In essence, the district court allowed what amounted to the phased development alternative to proceed while BLM decided whether to adopt it. Because the partial injunction provides an equitable resolution consistent with the purposes of NEPA, the court did not abuse its discretion.