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Judge adds 2nd mining tract to Wyo. coal lawsuit

Associated Press Modified: November 16, 2012 at 2:15 pm •  Published: November 16, 2012

CHEYENNE, Wyo. (AP) — A judge has added a second coal lease to an environmentalist lawsuit against the U.S. Forest Service that contests Wyoming coal mining on grounds that include climate change.

The Forest Service argued for the lease to be litigated separately, but U.S. District Judge Alan Johnson granted the request by WildEarth Guardians, the Sierra Club and the Powder River Basin Resource Council to add the lease to their lawsuit.

Doing so would neither delay the case nor confuse the issues, Johnson wrote soon after holding a hearing on the request Thursday.

"There's no good reason not to," he summed up in his order.

The lawsuit will now contest two coal tracts containing more than a billion tons of coal reserves next to St. Louis-based Peabody Energy Corp.'s North Antelope Rochelle Mine in the Powder River Basin.

The groups initially sued over the South Porcupine coal tract, which holds 402 million tons of federal coal reserves. In May, Peabody subsidiary BTU Western Resources Inc. successfully bid more than $446 million with the U.S. Bureau of Land Management to mine the tract.

The North Porcupine coal tract also will be part of the lawsuit now. BTU Western Resources successfully bid $793 million for the tract's 721 million tons of coal in June.

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