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Environmental Groups Gain Court Victory Over Peabody Coal on Black Mesa
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Judge Robert G. Holt’s decision stated, “OSM violated NEPA by not preparing a supplemental draft EIS (Environmental Impact Statement) when Peabody changed the proposed action. As a result, the Final EIS did not consider a reasonable range of alternatives to the new proposed action, described the wrong environmental baseline, and did not achieve the informed decision-making and meaningful public comment required by NEPA. Because of the defective Final EIS, OSM’s decision to issue a revised permit to Peabody must be vacated and remanded to OSM for further action.”






