City Council hires Legal Counsel for Dos Republicas Coal Partnership’s TCEQ Water Discharge Permit Renewal & Amendment
By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.
The City of Eagle Pass City Council unanimously approved to file an Amicus Curiae Brief in support of Maverick County in Dos Republicas Coal Partnership’s (DRCP) appeal of the denial of a County Floodwater Plain Construction Permit by Maverick County Judge David R. Saucedo acting as County Floodplain Administrator before the Texas Fourth Court of Appeals in San Antonio, Texas, hired the law firm of McElroy, Sullivan, Miller, Weber & Olmstead, L.L.P. of Austin, Texas to represent the City in the upcoming Texas Commission of Environmental Quality (TCEQ) public meeting regarding Dos Republicas Coal Partnership’s application to renew and amend its coal mining waste water discharge permit into Elm Creek and the Rio Grande River, and consulted with legal counsel on the status of the City’s appeal of the Railroad Commission of Texas’ permit to Dos Republicas Coal Partnership to construct and operate an open surface coal mine before the Texas Third Court of Appeals in Austin, Texas at their regular meeting held on Thursday, December 4, 2014.
During the Citizens Communication and Recognition agenda, George Baxter, Vice-President of the Maverick County Environmental and Public Health Association (MCEPHA) addressed Council providing them with an update on the status of the Railroad Commission of Texas coal mining permit appeal and DRCP’s application for renewal and amendment of its TCEQ coal mine waste discharge permit into Elm Creek and Rio Grande River status.
Baxter advised City Council that the MCEPHA will be opposing DRCP’s application for renewal and amendment of TCEQ’s coal mining waste discharge permit at the upcoming Thursday, January 22, 2014 TCEQ Public Meeting in Eagle Pass, Texas and that they are represented by the law firm of McElroy, Sullivan, Miller, Weber & Olmstead, L.L.P. of Austin, Texas. Baxter advised City Council that the law firm of McElroy, Sullivan, Miller, Weber & Olmstead legal fees were being paid by an environmental group in Austin, Texas and invited the City of Eagle Pass to be represented at the upcoming January 22, 2015 TCEQ Public Meeting by the same law firm at no cost to the City of Eagle Pass.
“We the 8,000 residents of Maverick County who signed petitions against the coal mine ask and urge that City Council take advantage of this offer and use this opportunity to protect the citizens of Eagle Pass and our water supply from the air and water pollution that will be caused because of this mine. We invite you to join us in the TECQ permit proceedings in order to oppose the granting of this permit to Dos Republicas,” said Baxter.
Adam Freedman, legal representative of McElroy, Sullivan, Miller, Weber, & Olmstead, also addressed City Council and stated: “Our law firm has been representing Mr. George Baxter and the Maverick County Environmental Public Health Association in the appeal of the Texas Railroad Commission permit that was issued to authorize mining for Dos Republicas. I believe that the city is also involved in that process represented by Langley & Banack. What has happened subsequent to that is an application by Dos Republicas with TCEQ which is a second component that is needed in order for them to go forward with their operation. That permit is a waste water discharge permit. That permit, if authorized by TCEQ, will authorize Dos Republicas to discharge the wastewater generated from the mine operations.”
“They (DRCP) do have an existing permit and what has been filed is an application for renewal because the one they have is set to expire in September of next year. They are also seeking to triple the size of the footprint that they are authorized to discharge their wastewater from 2,700 acres to now encompass over 6,300 acres of mining,” added Freedman.
Freedman stated that they had been hired to look into and investigate DRCP’s application with TCEQ to renew and amend its coal mining waste water discharge permit and hired a consultant (civil engineer) to see what the adverse impacts may be to the water from the coal mining chemical components and pollutants waste water discharged into Elm Creek and the Rio Grande River.
Freedman noted that while they were researching the issue it came to their attention that the City of Eagle Pass may also be interested in joining the effort to further investigate and proceed with the effort at hand. “We were approached about the City possibly hiring our law firm at no cost to the City to pursue the possibility of seeking a hearing at the TECQ level and being a party in the matter, if necessary,” said Freedman.
The City Council went into Executive Session to consult with legal counsel two pending legal cases involving agenda item No.21, Dos Republicas Coal Partnership under Cause Nos. 14-03-29339-MCVAJA & 14-03-29340, Dos Republicas Coal Partnership vs. David Saucedo as Floodplain Administrator and County Judge of the Maverick County Commissioners Court et al filed in the 293rd & 365th Judicial District Courts of Maverick County, Texas and Cause No. D-1-GV-13-000416, City of Eagle Pass & The Maverick County Hospital District vs. Railroad Commission of Texas filed in the 261st Judicial District Court, Travis County, Texas, and now on appeal before the Texas Third Court of Appeals in Austin, Texas.
Dos Republicas has filed an appeal of District Judge Cynthia Muniz’s decision to deny declaratory judgment relief to Dos Republicas against County Judge David R. Saucedo and Maverick County to the Texas Fourth Court of Appeals in San Antonio, Texas while the City of Eagle Pass’ appeal of the Railroad of Texas Commission’s coal mining permit is scheduled to have oral arguments heard during February or March of 2015 and a decision following shortly thereafter.
Another issue discussed in Executive Session was agenda item No. 23 regarding contemplated litigation of Dos Republicas Coal Partnership’s Application and Intent to Obtain Water Quality Permit Amendment and Renewal Permit No. WQ0003511000 before the Texas Commission on Environmental Quality. Dos Republicas seeks to amend and expand its TCEQ Water Discharge Permit of coal mine wastewater into Elm Creek and the Rio Grande River from its original 2,700 acre coal mine permit to its new over 6,300 acre coal mine permit. A TCEQ public hearing concerning DRCP’s amended application is scheduled to be held on Thursday, January 22, 2015 at 7 P.M. at the City of Eagle Pass International Center for Trade.
City Council reconvened into Open Session and took action on the agenda items discussed during Executive Session.
Mayor Ramsey English Cantu called for a motion on agenda item No.21 and City Councilwoman Gloria Hernandez motioned: “I move that we authorize that the City Attorney file an Amicus Curiae Brief in support of the ongoing litigation against Dos Republicas pertaining to agenda item No.21,” said Hernandez. The motion was seconded and called for a vote.
The City Council unanimously approved to file an Amicus Curiae Brief in support of Maverick County in DRCP’s appeal of the denial of a construction permit in the floodplain pending in the Texas Fourth Court of Appeals in San Antonio, Texas.
On agenda item No.23, Legal Counsel Heriberto Morales recommended that the City of Eagle Pass should appoint Mayor Cantu as the city’s designee under agenda item No.23 and to authorize him to engage the services of the law firm McElroy, Sullivan, Miller, Weber & Olmstead L.L.P to serve as legal representatives for the City of Eagle Pass in addition to adopt a clean copy of the proposed resolution to participate in the Texas Commission on Environmental Quality hearing process regarding an application for amendment of permit No. WQ000351100 that allows discharge of wastewater from the Dos Republicas Coal Partnership coal mine into Elm Creek and the Rio Grande River.
Councilwoman Gloria Hernandez moved to approve legal counsel’s recommendation, seconded by Councilman Rudy Villalpando.
The City Council unanimously approved to hire the law firm of McElroy, Sullivan, Miller, Weber, & Olmstead, L.L.P. at no charge to the City to represent the City of Eagle Pass regarding DRCP’s application to renew and amend its water discharge permit with the TCEQ.
Councilman William “Billy” Davis was not present at the December 4th meeting.
The City of Eagle Pass, County of Maverick, Maverick County Hospital District, Maverick County Environmental and Public Health Association, George Baxter, and local farmers, ranchers, and landowners are opposing the opening of the controversial open surface coal mine known as the Eagle Pass Mine in northern Maverick County, approximately three miles northeast of the City limits of Eagle Pass, in a densely populated area of Maverick County which includes Thompson Road (FM 1588), Deer Run Subdivision, Elm Creek Subdivision, South Elm Creek Subdivision, Siesta Acres, Seco Mines, Hopedale, Eagle Point Ranch, Kypuros Road, The Village at Hopedale, Coahuila Vista, Pete P. Gallego Elementary School, Seco Mines Elementary School, Teaching and Mentoring Communities Headstart School, and many other subdivisions.
Opponents contend the controversial Eagle Pass Mine will contaminate and pollute the sole potable water supply of over 56,000 Maverick Countians from the Rio Grande River and over 150,000 Piedras Negras, Coahuila, Mexico residents as well as contaminate the air within the community causing increased public health diseases. Dos Republicas denies that it will contaminate the Rio Grande River and the air within the community and contends it will comply with all local, county, state, and federal regulations.
The long dispute between Eagle Passans and Maverick Countians and Dos Republicas Coal Partnership regarding the controversial Eagle Pass Mine open surface mining operations promises to be very active during 2015 with these pending legal cases advancing within the legal system. This dispute has been ongoing for over 24 years.
