Eagle Pass City Council approves to appeal Dos Republicas Coal Partnership’s coal mine permit
By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.
The Eagle Pass City Council held a special meeting on Tuesday, April 15, 2014 at City Council Chambers in City Hall, located at 100 South Monroe Street, Eagle Pass, Texas, approving to file a notice of appeal with the Texas Third Court of Appeals in Austin, Texas regarding 261st District Judge Darlene Byrnes’ decision to affirm the Railroad Commission of Texas controversial January 29, 2013 decision to grant Dos Republicas Coal Partnership a permit to construct and operate an open surface coal mine near the city limits of Eagle Pass in Maverick County, Texas.
During the Citizens Communications and Recognitions of the Agenda, five Eagle Pass citizens eloquently spoke against the Dos Republicas Coal Partnership’s Eagle Pass Mine coal permit and requested City Council to appeal District Judge Darlene Byrnes’ decision to affirm the controversial, split Railroad Commission of Texas’ 2-1 January 29, 2013 decision to grant Dos Republicas a permit to construct and operate an open pit coal mine on the banks of Elm Creek, a direct water tributary of the Rio Grande River which discharges its waters just one or two miles upstream of the City’s Roberto Gonzalez Water Treatment Plant on the Rio Grande River.
The first citizen to speak was Eagle Passan George Baxter who stated that the Eagle Pass Mine will “pose a serious threat to the health and safety of the Citizens of Eagle Pass.” “If it becomes operational, the mine will discharge its wastewater into Elm Creek and then the Rio Grande, the sole source of our drinking water,” said Baxter. “The mine will also be a continuous source of air contamination emanating not only from the mine itself, but also off of the 150 [railroad] car train that will transport the coal through town to Mexico every day,” said Baxter. “The mine will only worsen” bronchitis, emphysema, and asthma in the community, “especially for the very old and the very young. Pete Gallego and Seco Mines Elementary Schools are only a mile or so from the mine boundary. Liberty, Glass, Kennedy Hall, and Robert E. Lee schools are located very close to the rail line,” said Baxter. “I do not know what our chances of prevailing are; but if we fail to appeal, our chances of stopping the mine are zero. It is never wrong to fight for the health and welfare of our citizens and we owe it to the people of Eagle Pass to do everything we can to protect them from the dangers of posed by this mine,” concluded Baxter.
Martha Baxter also spoke to the City Council stating that the Dos Republicas Coal Partnership proposed open pit coal mine is “a great threat” to “poisoning our air and water” in the community. She also stated that Dos Republicas informed the U.S. Army Corps of Engineers that they seek to expand the open pit coal mine up to 25,000 acres in 20 years. She told the City Council members that they and Eagle Passans have to show the American spirit of life to fight for the children and the community against this “great threat.”
Juanita Martinez also addressed the City Council stating that recent news of coal mining environmental disasters in West Virginia, North Carolina, and Virginia clearly show the dangers to public health of operating an open surface coal mine near our community. Martinez stated that the City Council needed to protect “our children, our community” from these environmental disasters from happening in Eagle Pass.
Emma Alvarado also spoke to the City Council and informed them that many citizens have called or spoken to her expressing their concerns and fears regarding the effect of the Dos Republicas Coal Partnership coal mine on the health of their children, drinking water, and air pollution. Alvarado stated Maverick County is a small community and the entire community will be affected by the proposed Eagle Pass Mine.
Last but not least, Hellen Martinez of State Senator Carlos I. Uresti read a letter from Senator Uresti to the City Council stating that many Eagle Pass and Maverick County citizens contacted his office to express their opposition to the Dos Republicas open surface coal mine and request him to assist them oppose the mine. Senator Uresti stated in his letter that his office is available to assist the citizens of Eagle Pass and Maverick County regarding their concerns about the Eagle Pass Mine.
After tackling several items on the Agenda, the City Council went into Executive Session to consult with Legal Counsel regarding the Dos Republicas Coal Partnership coal mine permit hearing status as well as four other items.
Upon returning into Open Session, the City Council unanimously approved that City Attorney Heriberto Morales of Langley & Banack file a notice of appeal of District Judge Darlene Byrnes’ decision to affirm the controversial Railroad Commission of Texas’ January 29, 2013 decision to grant Dos Republicas Coal Partnership a permit to construct and operate an open surface coal mine near the city limits of Eagle Pass in Maverick County.
City Attorney Heriberto Morales of Langley & Banack advised the City Council that the City of Eagle Pass would be working with other local governmental entities involved in the Dos Republicas Coal Partnership coal mine permit case to file a joint notice of appeal.
Other local governmental entities involved in challenging Dos Republicas Coal Partnership’s permit to operate the Eagle Pass Mine include Maverick County and the Maverick County Hospital District, as well as the Maverick County Environmental and Public Health Association, a non-profit organization, George Baxter, and many local citizens, farmers, and ranchers.
