A federal agency has denied breaching its policies in response to an environmental group’s complaint over increased production at the King II coal mine in Hesperus.
Late last month, the Santa Fe-based WildEarth Guardians filed a complaint against the U.S. Office of Surface Mining Reclamation and Enforcement on the grounds that the agency has not done the proper inspection and permitting for the mine.
The group called for the federal agency to conduct a new environmental analysis of the mine’s impacts and order the business to decrease production from just under 1 million tons annually to no more than 610,000 tons.
On Monday, the agency responded, disputing WildEarth Guardians’ claims.
Robert Postle, manager of the program support division, wrote that 610,000 tons of coal per year is an “anticipated maximum production rate” and not a binding production limit.
That amount was calculated by dividing the amount of coal estimated to be recoverable from federal and non-federal leases at the mine (7.6 million tons), by the estimated life of the mine (12.5 years).
Postle continued that the federal agency has partnered with the Bureau of Land Management to develop an environmental assessment to address future action at the mine, including increased production.
The mine, owned by GCC Energy, has operated since 2007 in southwestern La Plata County. Since then, production has increased from about 7,400 tons yearly to more than 900,000.
Jeremy Nichols, climate and energy program director for WildEarth Guardians, said the organization plans to take advantage of the right to request an informal review to appeal the issue. This review will be done by OSMRE’s regional director.
“Rather than acknowledge that missteps were made, OSM seems to be doing everything it can to cover up its failures and protect the coal company,” Nichols said. “I think OSM got it wrong here, and in doing so has let GCC off the hook. It also sets a disturbing precedent. A request for informal review is our only administrative remedy at this point.”
Nichols called it a good sign that OSMRE will be involved with the BLM’s environmental review process, but said OSMRE is wrongfully assuming mine activity has no significant environmental impact, despite the fact that the determination was made years ago, when the mine was operating at a slower production rate.
OSMRE spokesperson Chris Holmes said because the review is an informal process, there is no established time for completing it.
If the agency’s rejection is upheld, WildEarth Guardians can file an appeal with the Interior Board of Land Appeals, a quasi-judicial board, and/or file a lawsuit in federal court. The group is contemplating which avenue to take.
jpace@durangoherald.com
WildEarth Guardians complaint (PDF)
