States Back Rehearing in Signal Peak Coal Mine Expansion Dispute

The full Ninth Circuit should reconsider a ruling that the Department of Interior failed to explain why an increase in greenhouse gas emissions from Signal Peak Energy LLC’s proposed coal mine expansion was minor, according to a brief filed by Montana, Texas, and 14 other states.

The panel majority didn’t discuss any “overlooked, missed, or ignored data,” the states told the US Court of Appeals for the Ninth Circuit. It appears that they looked at the same facts Interior did and “simply disagreed” with the department’s conclusions, according to the amicus brief filed Tuesday.

The states faulted the majority’s decision ...