City Council to discuss with Legal Counsel pending Dos Republicas Coal Partnership cases

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

The Eagle Pass City Council will consult with legal counsel several pending cases involving the controversial Dos Republicas Coal Partnership’s open surface coal mine at their regular monthly meeting scheduled for Thursday, December 4, 2014 at City Hall, 100 South Monroe Street, in Eagle Pass, Texas.

Among the cases to be discussed with legal counsel in Executive Session are two pending legal cases involving 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 agenda item to be discussed with legal counsel in Executive Session related to the ongoing dispute with the controversial Eagle Pass Mine and Dos Republicas Coal Partnership is contemplated litigation regarding Dos Republicas Coal Partnership’s Application and Intent to Obtain Water Quality Permit Amendment and Renewal Permit No. WQ0003511000 pending before the Teas 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 boundary to its new over 6,300 acres boundary.   A TCEQ public hearing concerning Dos Republicas’ amended application is scheduled to be held either in Eagle Pass or Austin, Texas during early 2015 after public notice of said hearing.

Dos Republicas Coal Partnership representatives have publicly stated that they anticipate commencing coal mining operations during mid-2015 subject to the outcome of pending legal cases and appeals.

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 City Council meeting is open to the public. Citizens are encouraged to attend public meetings to learn of the activities happening in the community and to express their personal opinions during the Citizens Communication and Recognition agenda.

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.