Environmental expert witness advises on conservation groups’ allegations of coal mining leases violating NEPA and APA

ByKristin Casler

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Updated onOctober 19, 2017

Environmental expert witness advises on conservation groups’ allegations of coal mining leases violating NEPA and APA

An environmental engineering expert witness advises on conservation groups allegations that the U.S. Bureau of Land Management’s authorization of coal mine leases violates the National Environmental Policy Act (NEPA), and the Administrative Procedure Act (APA). The leases at issue encompass approximately 1.8 billion tons of coal on 8,500 acres of land in the northwest United States.

The plaintiffs seek declaration that the leases are unlawful and that the BLM’s approval be set aside. The plaintiffs assert that the NEPA was violated by failing to properly and fully analyze and disclose the potential environmental consequences of these actions; and the APA was violated by taking actions and making findings and conclusions that are arbitrary, capricious, abusive of discretion, or otherwise not in accordance with law.

Question(s) For Expert Witness

1. Do the leases violate the NEPA?

2. How will the leases impact the environment and climate change?

Expert Witness Response

inline imageThe final environmental impact statement prepared by the DOI in support of the coal lease applications seriously misrepresents scientific understanding and the stated policies of this administration. It contains several sweeping mischaracterizations of the state of scientific understanding and the position of the U.S. Government on addressing the problem of climate change.

inline imageEmissions from and associated with combustion of coal, petroleum and natural gas cause climate change and consequent environmental and societal impacts. Emissions that will result from mining, transporting, and combustion of the coal to be extracted from the proposed leases will lead to significant emissions to the atmosphere of warmth-inducing substances, the emissions of which the U.S. Government has pledged to reduce. On-going and prospective climate change is already affecting those living in the U.S. and around the world, and climate change impacts will intensify significantly in the decades ahead.

inline imageBased on my experience and review of the scientific literature, I find EPA's summary of climate change's many impacts to be generally comprehensive and credible. The potential emissions from granting permission to extract coal from these leases would add significantly to U.S. and global emissions, making addressing of the problem of global climate change more and more difficult.

inline imageThe expert is a leader in global climate change and has served in various research and advisory capacities for private and government agencies.

About the author

Kristin Casler

Kristin Casler

Kristin Casler is a seasoned legal writer and journalist with an extensive background in litigation news coverage. For 17 years, she served as the editor for LexisNexis Mealey’s litigation news monitor, a role that positioned her at the forefront of reporting on pivotal legal developments. Her expertise includes covering cases related to the Supreme Court's expert admissibility ruling in Daubert v. Merrell Dow Pharmaceuticals Inc., a critical area in both civil and criminal litigation concerning the challenges of 'junk science' testimony.

Kristin's work primarily involves reporting on a diverse range of legal subjects, with particular emphasis on cases in asbestos litigation, insurance, personal injury, antitrust, mortgage lending, and testimony issues in conviction cases. Her contributions as a journalist have been instrumental in providing in-depth, informed analysis on the evolving landscape of these complex legal areas. Her ability to dissect and communicate intricate legal proceedings and rulings makes her a valuable resource in the legal journalism field.

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