Dos Republicas Coal Partnership Writ of Mandamus Petition against Maverick County to be heard October 9th

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

Dos Republicas Coal Partnership’s Writ of Mandamus petition against Maverick County, Maverick County Judge David R. Saucedo, and Maverick County Commissioners Court is scheduled to be heard on Thurdsday, October 9, 2014, at 10 A.M. in the 293rd Judicial District Court before District Judge Cynthia Muniz at the Maverick County Courthouse, 500 Quarry Street, in Eagle Pass, Texas.

Dos Republicas Coal Partnership filed its lawsuit on March 25, 2014 in Maverick County. On April 3, 2014, Maverick County Judge David R. Saucedo as the County Floodplain Administrator signed an Order denying Dos Republicas’ floodplain permit application to construct an open surface coal mine and detention ponds within the Federal Emergency Management Agency (FEMA) floodplain zone in northern Maverick County filed in November 2011 and amended on September 4, 2013. According to City of Eagle Pass officials, over 60% of the permitted Dos Republicas coal mine boundaries are within the FEMA floodplain zone near Elm Creek, which discharges its waters into the Rio Grande River, about a mile upstream of the City of Eagle Pass municipal water treatment plant on the Rio Grande.

Dos Republicas alleges that County Judge David R. Saucedo denial of its floodplain application was illegal, unreasonable, arbitrary, and an abuse of discretion. Dos Republicas is seeking a Writ of Mandamus against Maverick County Judge Saucedo and Maverick County requiring them to grant a floodplain permit to construct the coal mine and detention ponds within the FEMA floodplain zone in Maverick County.

Maverick County Judge Saucedo and Maverick County allege that the denial of Dos Republicas Coal Partnership’s floodplain permit was legal and discretionary and opposes the Writ of Mandamus petition.

Dos Republicas Coal Partnership is represented by Bill Cobb of the Jackson Walker law firm of Austin, Texas and local counsel are Claudio Heredia and Rolando Jasso of Knickerbocker, Heredia, Jasso, and Stewart in Eagle Pass.

Maverick County Judge Saucedo, Maverick County, and Maverick County Commissioners Court are represented by Maverick County General Counsel Alfonso “Poncho” Nevarez of the Nevarez Law Group in Eagle Pass.

The Railroad Commission of Texas granted Dos Republicas a permit to construct and operate an open surface coal mine in Maverick County on January 29, 2013. The City of Eagle Pass, Maverick County, Maverick County Hospital District, Maverick County Environmental and Public Health Association, George Baxter, and local farmers, ranchers, and landowners are appealing the Texas Railroad Commission permit granted to Dos Republicas in the Texas Third Court of Appeals in Austin, Texas, which is still pending.

In addition, other local governmental entities have approved resolutions in opposition to the construction and operation of an open surface coal mine on the banks of Elm Creek within three miles of the City limits of Eagle Pass and in a densely populated area of northern Maverick County, including the Eagle Pass Water Works and Sewer System and the Eagle Pass Housing Authority. Local citizens question why these two governmental entities did not join the City, County, Hospital District, Environmental group, and local property owners contested case hearing before the Texas Railroad Commission and subsequent appeal.

Other local governmental entities whom may possibly be adversely affected in the event of an open surface coal mine opens in Maverick County and have failed to date join the opposition and appeal against the Dos Republicas coal mine include the Eagle Pass Independent School District, Maverick County Appraisal District, Maverick County Water Control and Improvement District No. 1, Middle Rio Grande Development Council, Rio Grande Regional Water Authority, and others. Maverick County citizens are concerned these governmental entities have yet to express their support and joined this salient environmental issue in the community.

The October 9th Court hearing is open to the public. The hearing starts at 10 A.M. in the 293rd Judicial District Court before Honorable Cynthia Muniz.