Panel upholds judge's ruling in coal-bed methane case

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By The Associated Press

Story Published: Sep 11, 2007 at 8:35 PM MST

Story Updated: Sep 11, 2007 at 8:35 PM MST

HELENA - A federal appeals court today upheld a judge's ruling that allows limited coal-bed methane development in Montana's portion of the Powder River Basin.
The 2-to-1 decision by a panel of the 9th U.S. Circuit Court of Appeals affirmed an April 2005 ruling by U.S. Magistrate Judge Richard Anderson. Anderson's ruling allowed limited drilling on federal leases in southern Montana while the Bureau of Land Management expands an environmental impact report for the area.
The Northern Cheyenne tribe and the Northern Plains Resources Council had challenged the decision. The groups asked for and received an emergency order from the appeals court in June 2005 halting the limited drilling pending the outcome of their appeal.
On Tuesday, both sides said it was unclear when or if the drilling would proceed. The tribe and Northern Plains have the option of asking the entire 9th U.S. Circuit Court of Appeals to hear their appeal.

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