Kickapoo Traditional Tribe of Texas withdraws opposition to Dos Republicas Coal Mine

By:Jose G. Landa

In a startling development before the Railroad Commission of Texas in the pending application by Dos Republicas Coal Partnership to renew, revise, and expand Permit 42A, Eagle Pass Mine, the Kickapoo Traditional Tribe of Texas Tribal Council decided to withdraw its opposition to Dos Republicas Coal Partnership’s Eagle Pass Mine in Eagle Pass, Texas announced Elizabeth Burkhardt, Attorney for the Kickapoo Traditional Tribe of Texas, in a legal pleading filed on May 4, 2012, before the Railroad Commission of Texas, surprising many following the proceedings currently being heard before Hearings Examiner Marcy J. Spraggins because the Kickapoo Traditional Tribe of Texas had previously been one of the most ardent opponents to the construction, development, and operation of a surface coal mine only three and a half (3 ½) miles north of the city limits of Eagle Pass, Texas in a densely populated area on the banks of Elm Creek, a direct water tributary discharging into the Rio Grande River upstream of the City of Eagle Pass and the City of Piedras Negras, Coahuila, Mexico public water supply plants.

The May 4, 2012 document is a memorandum signed by all five(5) Kickapoo Traditional Tribe of Texas Tribal Council Members to Gloria Hernandez, General Cousel, and Elizabeth Burkhardt, Consulting Attorney, advising them that “The Tribal Council has met and deliberated regarding its position as it relates to the Dos Republicas Coal Mine. The Tribal Council has decided that it will no longer pursue the action to oppose the permitting and operation of the Mine. You are hereby directed to dismiss the case against Dos Republicas in Docket No. C5-003-SC-42-C.” The five Kickapoo Tribal Council members include Juan Garza, Jr., Chairman, Jesus Anico, Secretary, Rogelio Elizondo, Treasurer, David J. Gonzalez, Council Member and Nanate Hernandez, Council Member.

The Kickapoo Traditional Tribe of Texas enjoys dual citizenship and owns reservations in both the United States and Mexico. In the United States, the Kickapoo Traditional Tribe Texas owns a 125 acres reservation south of Eagle Pass in Maverick County, Texas and another in Nacimiento, Coahuila, Mexico near Muzquiz, Coahuila.

Dos Republicas Coal Partnership is a Texas Partnership owned by two Texas corporations, Eagle Pass Coal Company and Maverick County Coal Company, who in turn are owned by a Mexican subsidiary of Mexican giant energy conglomerate, Grupo Acerero del Norte, S.A. de C.V. and Altos Hornos de Mexico, S.A. de C.V. (Grupo GAN/AHMSA). Both the Kickapoo Traditional Tribe of Texas and Dos Republicas Coal Partnership have capital (financial) interests in the United States and Mexico.

The Kickapoo Traditional Tribe of Texas is currently developing a $90 million expansion of their Kickapoo Lucky Eagle Casino, including a seven-story 250 room hotel and expanded casino.

The legal pleading filed by the Kickapoo Traditional Tribe of Texas before the Railroad Commission of Texas does not state the reasons for its withdrawal of its opposition nor the terms of any possible agreement between the tribe and Dos Republicas Coal Partnership.

With their pleading withdrawing their opposition before the Railroad Commission of Texas, the Kickapoo Traditional Tribe of Texas is out of the current hearings being held in Austin, Texas, as well as case.

Attempts by the Eagle Pass Business Journal to contact Elizabeth Burkhardt, Attorney for the Kickapoo Traditional Tribe of Texas before the Railroad Commission of Texas for comments on the Kickapoo Tribe’s withdrawal of their opposition to Dos Republicas Coal Partnership’s renewal, revision, and expansion of Permit 42A, Eagle Pass Mine, were not answered nor returned. Attempts by this publication to interview Kickapoo Tribal Chairman Juan Garza, Jr. were unsuccessful as he was out of town.

The pending hearing before the Railroad Commission of Texas continues without the Kickapoo Traditional Tribe of Texas. The City of Eagle Pass, Maverick County, Maverick County Hospital District, Maverick County Environmental and Public Health Association, and many Maverick County landowners, farmers, and ranchers continue to oppose the renewal, revision, and expansion of Permit 42A, Eagle Pass Mine, by Dos Republicas Coal Partnership before the Railroad Commission of Texas.