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Wyoming Sues BLM to Protect Coal Leasing in Powder River Basin

Government and Politics

December 12, 2024

From: Wyoming Governor Mark Gordon

Governor Mark Gordon announced today that Wyoming and Montana have filed suit against the Bureau of Land Management’s (BLM) Buffalo Resource Management Plan Amendment (RMPA) that ends new federal coal leasing in the Powder River Basin. The suit argues that the RMPA record of decision is unreasonable, unjustified, and unsupported by federal law.

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

The states’ lawsuit argues that the RMPA fails to comply with the Federal Land Policy and Management Act (FLPMA) and the National Environmental Policy Act (NEPA), stating that the BLM’s action marks a total shift in the agency’s treatment of coal leasing and simply ignoring the states’ concerns.

“Even though these States, their agencies and counties, industry groups, and members of Congress objected to the proposed management plan, BLM gave their concerns short shrift and moved forward with its own agenda,” the lawsuit states.

Governor Gordon utilized Coal Litigation Funds appropriated by the Wyoming Legislature, which added another arrow to the Attorney General’s quiver in Wyoming’s longstanding efforts to combat the Biden federal efforts to end the use of fossil fuels. This most recent lawsuit adds to the more than 50 cases in which the Attorney General is protecting Wyoming’s interests. The Governor expressed his appreciation to the legislature for the funds, which were used to contract with Consovoy McCarthy, a private firm with proven expertise in federal administrative law.

“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,” the Governor said.

A copy of the States’ filing may be found here.