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Case Summary Citation

Western Organization of Resource Councils v. United States Bureau of Land Management, 2018 U.S. Dist. LEXIS 49635, 2018 WL 1475470 (D. Mont. Mar. 26, 2018)

Abstract

To what extent must the BLM analyze potential climate change impacts where millions of acres of public lands and federal mineral estates are being considered for coal development? Western Organization of Resource Councils v. BLM addresses this, setting the scope for NEPA-mandated environmental impact analysis and reasonable alternative consideration by federal agencies. Judge Brian Morris of the District of Montana eschewed BLM’s assertions that considering climate impacts would be speculative, instead requiring BLM to acknowledge scientific reality and include modern climate science in its NEPA review analysis.

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