Citizens for Constitutional Integrity and Southwest Advocates sued after the Office of Surface Mining Reclamation and Enforcement approved GCC Energy's request to expand an underground coal mine beneath Indian lands in Colorado. The groups challenged the expansion's potential effects on water resources, claiming the agency violated mandatory duties under the Surface Mining Control and Reclamation Act.
Circuit Judge Bobby R. Bacharach wrote that the advocacy groups failed to provide proper notice of their claims and mischaracterized discretionary agency functions as mandatory duties. "The advocacy groups can't obtain relief under Section 1270(a)(2) for the agency's failure to investigate GCC Energy for violating the Surface Mining Control and Reclamation Act," Bacharach said. The court found the groups' notice focused on the rescinded Stream Protection Rule rather than the violations they ultimately pursued in court.
The case has bounced through federal courts since 2021, with the Tenth Circuit previously rejecting the groups' reliance on the Stream Protection Rule in 2023. After those defeats, the advocacy groups amended their claims to invoke different statutory provisions, but the district court denied their petition for judicial review in November 2024.
The ruling underscores the strict procedural requirements environmental groups must follow when challenging federal mining approvals. The decision could make it harder for advocacy organizations to challenge mine expansions if they fail to properly participate in administrative permit processes or provide adequate notice of their specific legal theories.