Colo. Judge Says Mine Suit Decades Too Late

Law360 (January 27, 2021, 2:23 PM EST) -- A Colorado magistrate judge has recommended dismissal of a suit accusing an Arch Resources-owned coal mine of violating environmental law, finding that an expansion project can't restart the clock on claims stemming from the initial construction of the mine decades ago.

U.S. Magistrate Judge Scott T. Varholak said Tuesday the suit, brought by WildEarth Guardians, the Sierra Club, the Center for Biological Diversity, and High Country Conservation Advocates against Arch Resources Inc., didn't adequately allege the West Elk coal mine expansion qualified as a major change or that it would cause a significant uptick in the mine's emissions, so claims it...

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