Maverick County authorizes Legal Counsel to go to Trial on Dos Republicas Coal Partnership’s TPDES Permit

By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2015

Maverick County Commissioners Court approved to authorize legal counsel, David Frederick of Austin, Texas, to proceed to trial regarding Dos Republicas Coal Partnership’s application for an amendment and renewal of a Texas Pollution Discharge Elimination System (TPDES) Permit, WQ0003511000, SOAH Cause No.582-152214, before the Texas Commission of Environmental Quality (TCEQ) at their meeting held on Monday, August 10,2015. Maverick County is contesting or challenging the granting of an amended and renewed TPDES permit to discharge coal mining waste and stormwaters into the Elm Creek and then the Rio Grande River by Dos Republicas Coal Partnership from its Eagle Pass Mine.

County Commissioner Jose Luis Rosales of Precinct 3 motioned to authorize legal counsel David Frederick to proceed to trial in the TPDES Permit before the TCEQ filed by Dos Republicas Coal Partnership and Commissioner Rosy Cantu of Precinct 2 seconded the motion.

During discussion, Commissioner Roberto Ruiz of Precinct 4 noted he opposed the motion to proceed to trial against Dos Republicas Coal Partnership, stating “I have strong reservations with this particular item but I will let my vote speak for itself.”

The motion was approved with a split 4 to 1 vote with Judge Saucedo and Commissioners Jose Luis Rosales, Rosy Cantu, and Jerry Morales in favor while Commissioner Roberto Ruiz voted against the motion.

Commissioner Ruiz has consistently favored the Dos Republicas Coal Mine since the mid-1990s when he previously served as Commissioner. Ruiz has not changed his opinion nor vote to date despite the overwhelming majority of Maverick Countians who oppose the controversial open surface coal mine known as the “Eagle Pass Mine”.