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Judge rejects federal plans for fossil fuel mining in Powder River Basin

Posted on 8/5/22 at 10:04 am
Posted by ragincajun03
Member since Nov 2007
21223 posts
Posted on 8/5/22 at 10:04 am
quote:

A federal judge on Wednesday night threw out two resource management plans developed by the Bureau of Land Management (BLM), finding they failed to account for the risk of fossil fuel leasing on public lands in Montana and Wyoming.

The plans, developed during the Trump administration but defended in court by the Biden BLM, outline how much coal can be mined and burned on public lands in parts of the Powder River Basin, which covers parts of southeast Montana and northeast Wyoming. The basin is the source of more than 85 percent of federally-produced coal in the U.S. In 2018, Judge Brian Morris, an Obama appointee, ruled that the BLM must redraw the plans to factor in the risks of climate change.

The BLM, then still under former President Trump, finished a revised estimate in 2020, but was again ordered to redo it because Morris ruled it did not properly consider impacts like methane emissions and potential harms from fossil fuel combustion.
On Wednesday, Morris again ruled the BLM had not properly complied with the earlier order to review the plans, and that it had not properly considered alternatives with limited or no new coal leasing in the region.

“The Bureau of Land Management is singularly focused on propping up the dying coal industry at the expense of its legal obligations to consider public health and the climate,” Melissa Hornbein, a senior attorney at the Western Environmental Law Center and one of the plaintiffs in the case, said in a statement. “That a federal judge ordered the Bureau to consider a no-leasing alternative and disclose to the public how many people will be sickened and die as a result of the combustion of federal coal is groundbreaking. The courts recognize the seriousness of the climate crisis and the impacts of fossil-fuel pollution. The BLM must now do likewise.”


LINK /

So here we are in an energy crisis (sane people on both sides the political spectrum acknowledge it), domestically and globally, where we at this time should have an "all hands on deck" push. Fossil fuels, wind, solar, hydro, nuclear, etc.

Yet we still have leftist judges legislating from the bench, even on leasing plans that the anti-fossil fuel Biden Administration is defending.
Posted by Unobtanium
Baton Rouge
Member since Nov 2009
1592 posts
Posted on 8/5/22 at 10:08 am to
quote:

we are in an artificial energy crisis by design


FIFY
Posted by Purple Spoon
Hoth
Member since Feb 2005
17812 posts
Posted on 8/5/22 at 10:10 am to
I’m torn. Supporting the BLM is a tough pill to swallow and that area is some of the most beautiful in the country. Why not leave all this to more local organizations like the Powder River Basin resource council?
This post was edited on 8/5/22 at 10:13 am
Posted by High C
viewing the fall....
Member since Nov 2012
53779 posts
Posted on 8/5/22 at 10:11 am to
quote:

The courts recognize the seriousness of the climate crisis and the impacts of fossil-fuel pollution. The BLM must now do likewise.”


Posted by lowhound
Effie
Member since Aug 2014
7530 posts
Posted on 8/5/22 at 10:13 am to
That's such bullshite. The judge also isn't taking into account all the EPA regulations put on industry that are actually doing the burning of this coal. There's so much scrubbing, carbon capture, emission limiting technology in place over the years a friggin bird could build a nest in one of the stacks and not be harmed for pete's sake. This is such bullshite.
Posted by real turf fan
East Tennessee
Member since Dec 2016
8631 posts
Posted on 8/5/22 at 10:18 am to
There are coal seams in some of the western states that are tens of feet thick. Contrast that with eastern seams that are mined by miners who have to bend over to work them.
Posted by ragincajun03
Member since Nov 2007
21223 posts
Posted on 8/5/22 at 10:23 am to
quote:

Why not leave all this to more local organizations like the Powder River Basin resource council?


Because councils like this are NGOs that have no jurisdiction over government lands. Doesn't mean they aren't a group worth listening to, but they just have no authority to make any final decisions affecting leasing of government-owned lands.

I would have to imagine, knowing how RMPs have been drawn up for years, that PRB Resource Council, along with individual ranchers, other NGOs like Sierra Club and other affected industry groups were ALL consulted and given opportunities to present amendments to the original version of this RMP. These things take years to draw up and go back and forth between the BLM/Dept of Interior and various groups.
This post was edited on 8/5/22 at 10:28 am
Posted by mattz1122
Member since Oct 2007
52782 posts
Posted on 8/5/22 at 10:24 am to
Everything is a conspiracy
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67075 posts
Posted on 8/5/22 at 10:28 am to
quote:

Everything is a conspiracy


Everything really is.
Posted by TchoupitoulasTiger
NOLA
Member since May 2011
1222 posts
Posted on 8/5/22 at 10:31 am to
Posted by RedPop4
Santiago de Compostela
Member since Jan 2005
14403 posts
Posted on 8/5/22 at 10:38 am to
That's Longmire country
Posted by Gravitiger
Member since Jun 2011
10395 posts
Posted on 8/5/22 at 10:45 am to
quote:

Because councils like this are NGOs that have no jurisdiction over government lands. Doesn't mean they aren't a group worth listening to, but they just have no authority to make any final decisions affecting leasing of government-owned lands.
The question was why don't local agencies have control over local lands.
Posted by ragincajun03
Member since Nov 2007
21223 posts
Posted on 8/5/22 at 10:55 am to
quote:

The question was why don't local agencies have control over local lands.


1- The lands are owned by the Federal Government, have been for over a century, so the Federal Government is going to have control. Just like how the State Government has control over State Lands, and Parish/County governments have control over Parish/County Lands.

2- Again, the PRB Resource Council is NOT a government agency, so even if it was left to local governmental agencies, they would likely be consulted (as I can pretty much guarantee they were for this RMP), but they still would not have jurisdiction to make any final decisions. The only way they could have that control is if they went out and purchased these lands, which RMPs typically do have such a mechanism for selling BLM Lands or at least swapping tracts of land, but those rules would be spelled out in the RMP itself...which this judge threw out.
This post was edited on 8/5/22 at 10:58 am
Posted by Gravitiger
Member since Jun 2011
10395 posts
Posted on 8/5/22 at 10:59 am to
A lot of stuff run by federal and state government would be better off run at the local level. A lot of stuff run by local government would be better off run by non-government enterprises.

That's the point. It's not a legal question. It's a "what is actually best" question.
This post was edited on 8/5/22 at 11:02 am
Posted by ragincajun03
Member since Nov 2007
21223 posts
Posted on 8/5/22 at 11:02 am to
quote:

A lot of stuff run by the federal government would be better off run at the local level. That's the point.

It's not a legal question. It's a "what is actually best" question.


Ok. I understand that and don't necessarily disagree.

However, such argument should never be the basis for a judge like this to just legislate from the bench for his own anti-fossil fuel agenda.
Posted by Gravitiger
Member since Jun 2011
10395 posts
Posted on 8/5/22 at 11:06 am to
quote:

such argument should never be the basis for a judge like this to just legislate from the bench
Tell that to SCOTUS
Posted by Jesco
Houston
Member since May 2022
161 posts
Posted on 8/5/22 at 12:00 pm to
(no message)
This post was edited on 8/5/22 at 12:13 pm
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