BILLINGS, Mont. — A U.S. appeals court on Wednesday lifted a moratorium on coal leasing from federal lands. This could open the door to future coal sales from vast, public reserves of the fuel that is a major source of climate-changing greenhouse gases.
The ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals is a setback for environmentalists and Democratic officials who have worked for years to curtail the federal coal leasing program.
Still, it is uncertain how much demand there will be from the mining industry for new leases: coal production from federal lands has fallen sharply over the past decade after many electric utilities switched to less polluting sources of power generation, such as natural gas and renewables.
More than 260 million tons of coal, or nearly half of the nation’s total, was mined by private companies from leases on federal land in 2022, according to the most recent figures available. That is comparable to the more than 400 million tons of coal mined in federal lands in 2014.
Most of the mining takes place in western states, including Wyoming, Montana and Colorado.
The leasing moratorium – originally implemented in 2016 under former President Barack Obama – has not halted mining. Rather, it banned federal lease sales that are often crucial for companies looking to expand their operations.
The moratorium was rescinded under former President Donald Trump’s administration and then revived by a federal district judge in Montana, who in 2022 ordered government officials to conduct a new environmental review before they could sell coal on federal lands. The order came amid lawsuits filed by environmental groups; Democratic officials in California, New York, New Mexico and Washington state; and the Northern Cheyenne tribe, which has been fighting coal mining near the reservation in southeastern Montana for decades.
But Wednesday’s appeals court ruling said the case was moot when the 2022 order was issued because Interior Department officials under President Joe Biden had already withdrawn Trump’s attempt to end the moratorium . The jury noted that there now appears to be a “de facto moratorium” in place as lease sales have declined.
The ranking Republican on the Senate Energy and Natural Resources Committee, Sen. John Barrasso of Wyoming, said the Biden administration should move forward the leases “instead of looking for new excuses.”
“Today’s court decision, which ends the Obama administration’s nationwide ban on coal leasing, is good news for Wyoming and all Americans,” he said.
The National Mining Association said the ruling could allow stalled mining projects to move forward. One of those is the proposed expansion of the Black Butte coal mine in southwestern Wyoming, which has been approved by state officials and is awaiting federal approval, the industry group said.
A Northern Cheyenne official and environmental activists called on the Biden administration to respond with immediate steps to end new leases and address coal’s continued damage to the climate and public health.
“We need the Biden administration to make good on its promises to protect our climate, conduct a long-overdue overhaul of the federal coal leasing program, and make thoughtful plans for the future of public lands,” said Northern Cheyenne Tribal Administrator William . Walk.
The federal coal program is administered by the Department of the Interior’s Bureau of Land Management. Agency spokesman Brian Hires said the agency had no immediate comment on Wednesday’s ruling. Federal officials began an environmental review last year as required by the 2022 court order, but agency records show the work is still not completed.
Burning coal for electricity remains one of the leading sources of greenhouse gas emissions in the U.S., even after many coal-fired power plants closed over the past decade due to pollution concerns and changing economic conditions. According to the Environmental Protection Agency, electricity generation is responsible for about a quarter of total greenhouse gas emissions in the U.S., and most of that comes from burning coal.
Royalties and other payments from companies for coal mining on federal lands brought in more than $500 million last year, according to government data. The industry supports thousands of jobs and is fiercely defended by Republicans in Congress and officials in coal-producing states. ___
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