Victory at Rosebud Coal Mine

Another (!) Expansion of the Rosebud Coal Mine Ruled Illegal

by Derf Johnson

As the world edges ever closer to an irreversible climate meltdown, victories in addressing the climate crisis are more and more essential. Thankfully, our latest victory comes from a federal district court judge in Billings, who found that the U.S. Office of Surface Mining (OSM) failed to adequately evaluate and consider the major environmental impacts associated with a very large expansion of the Rosebud Coal Mine. Rosebud exclusively feeds coal to the Colstrip coal-fired power plant and a small waste coal burning plant just north of Colstrip. The final court decision follows up on a 2022 recommendation from a magistrate judge, who found similar flaws in OSM’s environmental analysis. Broadly speaking, the final ruling by the court finds that OSM failed to consider the impacts of the mine expansion on water resources and the climate.

The immense, sprawling complex known as the Rosebud Coal Mine is jaw-dropping. The footprint is as large as the City of Billings and, over the past several decades, has wreaked havoc on southeastern Montana’s water, wildlife, and climate. The open-pit strip mine has moved systematically across the landscape since the 1970s, targeting, unearthing, and mining the highest value, shallowest coal to feed the adjacent Colstrip plant complex. Five decades of damage (perhaps longer, due to historic mining before Colstrip was even constructed) from the Rosebud Mine is easily visible on Google Maps and will take centuries or millennia for the land to heal, if it ever does. While coal companies and the DEQ like to crow through glossy brochures and promotional videos about the efficacy of reclamation and revegetation programs, in truth the land can never really be restored, especially water systems and the hydrologic balance.

The landscape of “Area F” is some of the most beautiful country in southeastern Montana. Located west/northwest of the town of Colstrip, it is primarily an agricultural landscape with tight, narrow draws interspersed by agricultural fields, intermittent water sources, and an abundance of wildlife. Until recently, it has not suffered the remolding into an industrial landscape that has beleaguered other mined-out areas. But even with active litigation against the expansion, the mine is now encroaching into Area F and stripping out coal. If allowed to fully expand, the mine would impact an additional 6,500 acres in Area F (more than 10 square miles) and remove 70 million tons of coal. When burned, this amount would result in over 100 million tons of greenhouse gas pollution.

Thankfully, the judge noted several inadequacies in the environmental review associated with the expansion.

MEIC’s Derf Johnson (center) at the Area F site with Earthjustice’s Shiloh Hernandez (left) and former MEIC board member Steve Gilbert (right).