By John H. Cushman JR. for Inside Climate News - A federal appeals court in Denver told the Bureau of Land Management on Friday that its analysis of the climate impacts of four gigantic coal leases was economically "irrational" and needs to be done over. When reviewing the environmental impacts of fossil fuel projects under the National Environmental Policy Act (NEPA), the judges said, the agency can't assume the harmful effects away by claiming that dirty fuels left untouched in one location would automatically bubble up, greenhouse gas emissions and all, somewhere else. That was the basic logic employed by the Bureau of Land Management (BLM) in 2010 when it approved the new leases in the Powder River Basin that stretches across Wyoming and Montana, expanding projects that hold some 2 billion tons of coal, big enough to supply at least a fifth of the nation's needs. The leases were at Arch Coal's Black Thunder mine and Peabody Energy's North Antelope-Rochelle mine, among the biggest operations of two of the world's biggest coal companies. If these would have no climate impact, as the BLM argued, then presumably no one could ever be told to leave coal in the ground to protect the climate. But that much coal, when it is burned, adds billions of tons of carbon dioxide to an already overburdened atmosphere, worsening global warming's harm. Increasingly, environmentalists have been pressing the federal leasing agency to consider those cumulative impacts, and increasingly judges have been ruling that the 1970 NEPA statute, the foundation of modern environmental law, requires it.
