922 F. Supp. 2d 51
D.D.C.2013Background
- BLM authorized four Wyoming Powder River Basin coal leases (North Porcupine, South Porcupine, North Hilight, South Hilight) based on a single FEIS.
- Forest Service consent was required for portions overlapping National Forest lands and was relied upon the same FEIS analysis.
- Plaintiffs challenged NEPA adequacy and argued FEIS analysis flaws undermined BLM lease approvals.
- Related Forest Service case challenging the same FEIS issues was transferred from Colorado to Wyoming.
- BLM moved to transfer the present action to the District of Wyoming; the court granted transfer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case should be transferred under §1404(a). | DC has no meaningful ties to the controversy; transfer unnecessary. | Wyoming is proper venue; interests favor transferring for efficiency. | Transfer granted. |
| Are private interests dispositive in transfer analysis? | Plaintiffs' forum choice weighs against transfer. | Private interests cancel each other out; not dispositive. | Private interests not dispositive. |
| Do public interests weigh in favor of transfer? | Local public interest in DC; no strong local interest in Wyoming. | Public interests (avoid duplicative litigation, local impact) weigh strongly for transfer. | Public interests weigh decisively in favor of transfer. |
Key Cases Cited
- Wilderness Soc. v. Babbitt, 104 F. Supp. 2d 10 (D.D.C. 2000) (private forum deference; ties to controversy considered)
- Trout Unlimited v. USDA, 944 F. Supp. 13 (D.D.C. 1996) (convenience of witnesses and proof in transfer)
- Nat’l Wildlife Fed’n v. Harvey, 437 F. Supp. 2d 42 (D.D.C. 2006) (public interests and transfer factors)
- Holland v. A.T. Massey Coal, 360 F. Supp. 2d 72 (D.D.C. 2004) (local interest and efficiency considerations in transfer)
- Reiffin v. Microsoft Corp., 104 F. Supp. 2d 48 (D.D.C. 2000) (interests of justice in multi-district considerations)