CHEYENNE, Wyo. — In an announcement made Thursday by the office of Wyoming Gov. Mark Gordon, the governor declared that the states of Wyoming and Montana are suing the BLM and its Buffalo Resource Management Plan Amendment. This suit is over the cessation of federal coal leasing in the Powder River Basin area.
According to the governor, the RMPA is unsupported by federal law. The suit argues that the RMPA does not comply with the Federal Land Policy and Management Act and National Environmental Policy Act.
“Instead of working with the states to address their concerns, BLM pushed through their narrow-minded agenda to stop using coal, ignoring the multiple-use mandate and the economic impacts of this decision, including skyrocketing electricity bills for consumers,” Gordon said. “They did not do their job properly.”
The Powder River Basin is among the highest coal-producing areas in the country and a stop to mining in the area would likely have unprecedented economic effects on the state’s economy, according to the suit’s petition for review.
“Coal is still king in the Powder River Basin. The Powder River Basin spans across northeastern Wyoming and southeastern Montana and accounts for 85% of all coal produced on federal land,” the lawsuit said. “Because this coal is found on federal land within Wyoming’s and Montana’s borders, these States historically have worked alongside the federal government to manage the land.”
The lawsuit further alleges that the BLM approved the management plan despite the concerns and displeasures expressed by Montana, Wyoming, their state agencies and industry groups.
“Wyoming will continue to lead in the fight against federal overreach,” Gordon said. “I look forward to the courts scrutinizing this misguided and politically driven amendment which consciously ignored our country’s increasing demand for affordable energy.”
In preparation for the lawsuit, the governor also dipped into Coal Litigation Funds appropriated by the state legislature. These funds enlisted the legal expertise of Consovoy McCarthy, a Virginia-based firm specializing in federal administrative law.
See the attached lawsuit filing below for more information.
