Montana, Wyoming sue federal government over coal production ban

The attorneys general of Montana and Wyoming sued the Biden administration after it announced plans to halt federal coal production in the Powder River Basin.

The Basin accounts for 85% of federal land-produced coal, according to a news release. This land area stretches 20,000 square miles in northeastern Wyoming and southeastern Montana.

In November, the Biden administration announced its final decision regarding a supplemental environmental impact statement (SEIS) and proposed amendment to end coal mining in this region.

According to Cornell Law, a SEIS is used in two circumstances. The first occurs when “proposed action would result in significant environmental impacts that were not evaluated” in the original environmental impact statement (EIS). Secondly, a SEIS can happen when “new information or circumstances relevant to environmental concerns and bearing on the proposed action or its impacts would result in significant environmental impacts not evaluated” in the original EIS.

An environmental impact statement is made when a “proposed major federal action is determined to significantly affect the quality of the human environment,” according to the EPA.

Montana Attorney General Alex Knudsen argues that this decision by the administration “effectively kills Montana’s coal industry.”

“In Montana, we need coal – it fuels our economy and heats our homes in the winter in subzero temperatures,” Knudsen said. “Rather than do what is best for Montanans and constituents across the country, Biden is catering to radical environmentalists.”

For Montana, coal-powered plants comprised 45% of the state’s electricity generation last year.

Wyoming Gov. Mark Gordon said instead of working with Montana and Wyoming, the Bureau of Land Management “pushed their narrow-minded agenda.” Gordon added that the federal government ignored the economic impact of this decision.

“They did not do their job properly,” Gordon said.

The lawsuit says that this decision marks a “new era” in how BLM will interact with states, counties, and local governments in the future. Furthermore, it says that this decision is a “devastating blow” to Montana and Wyoming due to the impact coal has on their economies.

In Wyoming, coal generates over $1 billion in revenue every year.

“The federal government’s abrupt halt of new leasing in the Powder River Basin is unreasonable, unjustified, and unsupported by federal law,” the lawsuit argues.

The lawsuit asks that the court vacate and set aside the Bureau of Land Management’s unlawful federal land-use plans, according to a news release.

“Wyoming will continue to lead in the fight against federal overreach. I look forward to the courts scrutinizing this misguided and politically-driven amendment which consciously ignored our country’s increasing demand for affordable energy,” Gordon said.

Montana and Wyoming filed the lawsuit in the U.S. District Court for the District of Wyoming.

Coal production in America has declined over 50% since 2010.