Maverick County joins appeal of Dos Republicas Coal Partnership’s coal mine permit

By:  Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.

Maverick County Commissioners Court held a special meeting on Tuesday, April 22, 2014, at 5 P.M. at the Commissioners Courtroom in the Maverick County Courthouse located on 500 Quarry Street in Eagle Pass, Texas, approving to join the appeal of State District Judge Darlene Byrne’s decision to affirm the controversial Railroad Commission of Texas’ January 29, 2013 decision to grant Dos Repblicas Coal Partnership a permit to construct and operate an open surface coal mine in Maverick County.

Maverick County now joins the City of Eagle Pass, Maverick County Hospital District, Maverick County Environmental and Public Health Association, George Baxter, and local residents, farmers, and ranchers in appealing District Judge Byrnes’ March 27, 2014 decision to rubber stamp the controversial January 29, 2013 Railroad Commission of Texas split 2-1 decision to grant Dos Republicas Coal Partnership an open surface coal mining permit on the banks of Elm Creek, a direct water tributary of the Rio Grande River, only three miles (as the crow flies) from the Eagle Pass city limits in a densely populated area in northern Maverick County, discharging its coal mine waste waters and storm waters into Elm Creek and the Rio Grande River only one or two miles upstream of the City of Eagle Pass’ Roberto Gonzalez Municipal Water Treatment Plant on the banks of the Rio Grande River.

During the Visitors Recognition, George Baxter of the Maverick County Environmental and Public Health Association addressed Commissioners Court detailing the bad water and air contamination that the Dos Republicas coal mine would cause to Maverick County citizens if it becomes operational.  Maverick County citizen Juanita Martinez also spoke in support of appealing the coal mine permit noting the recent coal mining environmental accidents in West Virginia, Virginia, and North Carolina which contaminated those communities’ rivers and drinking water and called upon Commissioners Court to defend all the present and future children of Maverick County that will be affected by the pollution emanating from the Dos Republicas Coal Partnership open surface coal mine.  Also addressing Commissioners Court was Eagle Pass High School student Lynn Balderas who stated the youth of Maverick County do not want the Dos Republicas coal mine to contaminate the air and water in the community.

An Agenda item called for discussion and possible action for Maverick County to accept the recommendation from Frederick, Perales, Allmon & Rockwell, PC to consider continuing the appeal against the Dos Republicas Coal Mine permit. During discussion, County Judge David R. Saucedo stated he supported appealing the Dos Republicas Coal Partnership coal mine permit because the County has opposed it due to the potential contamination of the sole source of drinking water to over 60,000 Maverick Countians from the Rio Grande and the potential pollution of the air in the community as well as other reasons.  Judge Saucedo noted that he had testified on behalf of Maverick County at the Railroad Commission of Texas hearings earlier in the case.  Commissioners Court unanimously approved the motion to appeal the Dos Republicas Coal Partnership open surface coal mine permit to the Texas Third Court of Appeals in Austin, Travis County, Texas.  Absent at the meeting was Commissioner Roberto Ruiz.

Recent scientific studies have found that “the accumulating body of research on this topic demonstrates that surface coal mining leads to severe, persistent and far-reaching degradation of water quality and biodiversity.”  These studies conclude that “in short, extensive research conducted in the central Appalachians makes it very clear that there are good reasons to be concerned about the water quality implications of surface coal mines.”

These studies agree that coal mining should not take place so close to a major drinking water source such as a river, for example, the Rio Grande River.

According to Dr. Michael Hendryx, a noted scientist studying the public health consequences of coal mining, “coal mining in Appalachia,…is associated with a set of public health problems, including higher cancer rates, higher heart and lung disease rates, higher kidney disease rates, higher birth defects, higher levels of impaired functioning due to health problems.”

“Data also show that the economic costs of health problems in Appalachian coal mining areas are more than 5 times greater than the economic benefits from mining,” said Dr. Hendryx.  Health problems are most severe in areas where amounts of coal mining are greatest.