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Full-Text Articles in Law
350 Montana V. Bernhardt, Ryan W. Frank
350 Montana V. Bernhardt, Ryan W. Frank
Public Land & Resources Law Review
In its second trip before the District Court of Montana, the Bull Mountain Mine expansion was again halted, this time due to coal train derailments. The Bull Mountain Mine expansion, previously enjoined in 2015 for violating the National Environmental Policy Act, was revived in 2018 when the Office of Surface Mining Reclamation and Enforcement approved the expansion a second time. Here, the court found the Office of Surface Mining Reclamation and Enforcement did not comply with the National Environmental Policy Act on grounds that the Environmental Assessment failed to properly analyze the risk of train derailments.
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
Public Land & Resources Law Review
The Sixth Circuit Court of Appeals recently ruled in favor of the Department of Transportation in considering whether the district court erred in holding that an agency took a discretionary action when it approved oil spill response plans to a pipeline under the Clean Water Act. The Sixth Circuit reversed the district court’s decision. It held the Department of Transportation does not need to consider the Endangered Species Act and the National Environmental Policy Act requirements in their response plans as long as the Clean Water Act criteria for such plans are met.