Maverick County Commissioners Court approve Appeal of Dos Republicas Coal Partnership Coal Mine to Texas Supreme Court

By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2016

Maverick County Commissioners Court approved to appeal the Texas Third Circuit Court of Appeals decision of December 29, 2015 concerning the Dos Republicas Coal Partnership coal mine to the Texas Supreme Court at their meeting held on Monday, February 8, 2016, instructing legal counsel to file a Writ of Certiorari Petition before the Texas Supreme Court before the February 12, 2016 deadline to appeal.

On December 29, 2015, the Texas Third Circuit Court of Appeals in Austin, Texas issued its opinion affirming the Railroad Commission of Texas granting Dos Republicas Coal Partnership a permit to open and operate an open surface coal mine on the banks of Elm Creek in Eagle Pass, Maverick County, Texas, which is only three miles north of the City of Eagle Pass limits and directly discharges its coal mining waste water and storm waters into the Elm Creek and Rio Grande River only one mile north of both the City of Eagle Pass, Texas and City of Piedras Negras, Coahuila, Mexico municipal water treatment plants located on the Rio Grande along the United States-Mexico border.

Maverick County, City of Eagle Pass, Maverick County Hospital District, Maverick County Environmental and Public Health Association, George Baxter, and other local farmers, ranchers, and landowners filed the appeal before the Texas Third Circuit Court of Appeals in Austin, Texas citing several legal errors committed by the Railroad Commission of Texas in granting the open surface coal mining permit to Dos Republicas Coal Partnership. The Texas Third Circuit Court of Appeals disagreed with appellants’ points of error and affirmed the Railroad Commission of Texas grant of the coal mining permit, finding no legal errors on which to reverse the Railroad Commission’s decision.

Under Executive Session agenda item No. 1 at the February 8, 2016 meeting, Commissioners Court went into executive session to consult with legal counsel to discuss Maverick County’s legal options regarding an appeal of the Texas Third Circuit Court of Appeals’ Dos Republicas Coal Partnership decision.

After reconvening into Open Session, Maverick County Judge David R. Saucedo asked if any commissioner had a recommendation on a motion on the Dos Republicas Coal Partnership case. County Commissioner of Precinct 1 Jerry Morales raised his hand and announced that he had a motion to make on this agenda matter: “I move that we direct legal counsel to file the appropriate petition for review before the Texas Supreme Court in the litigation related to the Dos Republicas Coal Partnership and the Eagle Pass Mine and for the law firm of Sanchez and Wilson to file a direct notice of appearance in all related litigation.” said Morales. Morales’s motion was seconded by County Commissioner Precinct 3 Pete Venegas, whose Precinct is the home of the Dos Republicas Coal Partnership’s Eagle Pass Coal Mine.

Judge Saucedo asked if their was any further comments on the issue and County Commissioner Precinct 4 Roberto Ruiz stated that he strongly opposed the decision to appeal the Texas Third Circuit Court of Appeals decision concerning the Dos Republicas Coal Partnership’s Eagle Pass Coal Mine. Commissioner Ruiz has been a long time advocate for the Dos Republicas’ Coal Mine since the 1990’s despite having a brother who owns real property immediately adjacent to the coal mine and ardently opposes the mine.

Judge Saucedo called for a vote on the motion to file an appeal to the Texas Supreme Court, the motion passed on a split 4 to 1 vote with Commissioners Jerry Morales, Pete Venegas, Rosy Cantu, and Judge David R. Saucedo in favor while Commissioner Roberto Ruiz voted against the motion. Commissioner Ruiz’s vote continues his steadfast support of the Dos Republicas Coal Partnership’s Eagle Pass Coal Mine since the 1990’s when he first served on Commissioners Court.

After the vote, Judge Saucedo stated that the motion had passed 4 to 1. “Motion passes and we’re strongly in favor of it.” concluded Judge Saucedo.

Maverick County filed its Petition for Writ of Certiorari and a Motion to Extend to Appeal before the Texas Supreme Court of Texas on or before February 12, 2016.

The City of Eagle Pass and Maverick County Hospital District have not yet approved appealing the Texas Third Circuit Court of Appeals but are expected to address the issue at their next scheduled meetings and may seek to appeal under Maverick County’s Motion to Extend the Appeal Deadline.

Maverick County Environmental and Public Health Association also filed a Petition for Writ of Certiorari to appeal the Texas Third Circuit Court of Appeals decision with the Texas Supreme Court of Texas on or before February 12, 2016.

Maverick County citizens continue their overwhelming opposition to the operation of the Dos Republicas Coal Partnership’s Eagle Pass Coal Mine citing environmental contamination and pollution of the community’s air, water, natural resources, wildlife, endangered species, destruction of Native American archaeological sites, and increased public health diseases associated with open coal mining.