Filed Date: March 3, 2026
Case Ongoing
Clearinghouse coding complete
This case challenged the Trump Administration’s Executive Order 14156, “Declaring a National Energy Emergency,” and its use to bypass environmental review requirements and expedite the expansion of a Montana coal mine.
On March 3, 2026, three environmental protection nonprofits (the Montana Environmental Information Center, the Center for Biological Diversity and the Wildearth Guardians) filed suit in U.S. District Court for the District of Montana against the U.S. Department of the Interior (DOI), the U.S. Office of Surface Mining Reclamation and Enforcement (OSM), and various DOI officials. Represented by Earthjustice, Western Environmental Law Center, and the Center for Biological Diversity, Plaintiffs brought claims under the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA), alleging that OSM sidestepped environmental concerns when it approved the modification for the Amendment 3 expansion of the Bull Mountains Mine on June 6, 2025. The Plaintiffs requested that the Court declare the Defendants violated NEPA, vacate the Defendants’ actions, enjoin the Defendants from continuing mining operations or approving the mining plan until NEPA compliance is demonstrated, and award and attorneys’ fees and costs. The case was assigned to Judge Timothy J. Cavan.
Per the complaint: On January 20, 2025, Trump issued Executive Order (EO) 14156, “Declaring a National Energy Emergency.” 90 Fed. Reg. 8433, which alleged that the energy grid was too unreliable and the energy supply inadequate to meet the needs of the nation. Plaintiffs alleged that Defendants used the Executive Order to create the “Alternative Arrangements for NEPA Compliance” (Alternative NEPA Arrangements) on April 23, 2025 to ameliorate the alleged national energy emergency and expedite NEPA approvals for energy production. The DOI approved the use of Alternative NEPA Arrangements for the Bull Mountain Mine expansion on May 12, 2025. Defendants published a final draft and decision for the Bull Mountains mine expansion on June 6, 2025 without responding to or accepting any further public comment.
Plaintiffs alleged that the energy emergency does not exist; the United States produces too much energy and exports most of it, including the coal from the Bull Mountain mine. Thus, Plaintiffs argued that using the Alternative NEPA Arrangements was unnecessary and disregarded the probable environmental consequences without taking any steps to mitigate adverse impacts. Plaintiffs further alleged that the approval was an abuse of discretion in violation of the APA, and that the Executive branch lacked the constitutional or statutory authority to create NEPA or other statutory exemptions to facilitate prioritization of certain energy types. Plaintiffs asserted that because the Alternative NEPA Arrangements do not apply, OSM violated NEPA by failing to issue a draft, failing to solicit public comment, and failing to respond to public comment.
On March 17, 2026, the case was reassigned to Judge Donald W. Molloy.
On May 1, 2026, Signal Peak, the private company that owns and operates the Bull Mountain mine, filed a motion to intervene in the case. According to Plaintiffs’ complaint, Signal Peak operated the mine since 2008 and has a history of embezzlement and environmental protections violations. In 2022, Signal Peak was found guilty of lying to mine safety authorities to hide workplace accidents. The Court granted the motion for intervention on May 5. The Court reasoned that Signal Peak had a significantly protectable interest that would be affected by the outcome of the case and none of the named parties adequately represented that interest.
This case is ongoing.
Summary Authors
Jason Bondurant (6/16/2026)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72355449/parties/montana-environmental-information-center-v-doug-burgum/
Cavan, Timothy J. (Montana)
Hernandez, Shiloh Silvan (Montana)
Bordelon, Sarah (Montana)
Dolphay, Matthew (Montana)
Hajek, Luther L. (Montana)
See docket on RECAP: https://www.courtlistener.com/docket/72355449/montana-environmental-information-center-v-doug-burgum/
Last updated July 22, 2026, 3:29 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: March 3, 2026
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Environmental Justice Non-profit Organizations
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
U.S. Department of the Interior
U.S. Office of Surface Mining Reclamation and Enforcement
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f
Other Dockets:
District of Montana 1:26-cv-00021
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Environmental Justice and Resources:
Environmental Impact Statements
Case Summary of Montana Environmental Information Center v. Doug Burgum, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47871/ (last updated 6/16/2026).