Green Groups' Suit Over Mine Expansion Dodges Transfer Bid

Law360 (July 31, 2020, 4:46 PM EDT) -- A federal magistrate judge has refused to transfer environmental groups' challenge to a Montana mine expansion to Washington, D.C., saying the mining company failed to demonstrate such a move is necessary under the first-to-file rule.

U.S. Magistrate Judge Timothy J. Cavan said that while Westmoreland Rosebud Mining LLC filed suit in D.C. federal court several months before WildEarth Guardians, the Sierra Club and other groups sued in Montana, the two cases have too few similarities to merit a transfer.

"Both actions challenge the same federal decision," Judge Cavan wrote in his July 29 order. "But the issues in this case are much...

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