MONTANA ENVIRONMENTAL INFORMATION CENTER
The Long Battle to Move Beyond Coal by Anne Hedges
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s the demand for coal wanes, coal mines close, and coal companies declare bankruptcy, it is more important than ever that state and federal agencies impose adequate cleanup bonds on the companies and force them to comply with environmental laws. Pressuring the agencies to do this requires persistent efforts, but MEIC and its allies are making slow and steady progress. The Decker Mine on the banks of the Tongue River reservoir is now bankrupt. The Montana Department of Environmental Quality (DEQ) repeatedly assured MEIC that the mine had sufficient reclamation bonds to protect downstream waters. Unfortunately, there does not appear to be any current reclamation work happening to keep contaminated pond water out of area waterways. MEIC will continue to bird-dog DEQ to make sure water quality in the vicinity is protected. Montana’s largest coal mine, the Spring Creek Mine, just north of the Tongue River reservoir, has slipped through regulatory cracks for years. After successful litigation by MEIC and WildEarth Guardians, the federal government agreed to produce a first-ever environmental impact statement (EIS) for this mine. Unfortunately, the mine is run by a company of former failed-mining executives who bamboozled the Navajo Tribe by buying the mine without Tribal government permission, and they now refuse to disclose the mine’s financial situation. While the federal government prepares the EIS, a federal court is considering whether to allow the company to continue to mine in the expanded area. The burning of the coal mined from the expansion area would result in the release of about 140 million tons of carbon dioxide. The Bull Mountain Mine north of Roundup is Montana’s only underground coal mine, and a
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proposed expansion would make it the nation’s largest underground mine. The expansion was approved by DEQ and the federal government without meaningful consideration of impacts to water resources, endangered species, or the climate. The coal from this expansion area would result in the release of approximately 240 million tons of carbon dioxide. MEIC continues to challenge the expansion in state and federal courts. The Rosebud Mine, the coal from which fuels the Colstrip power plant, has dewatered and contaminated area streams. The power plant emits about 10 million tons of carbon dioxide each year. MEIC is challenging two expansions of the mine in state and federal courts, and is closely monitoring an extremely large proposed expansion. Fortunately, DEQ just refused to permit a large area of the proposed expansion because of impacts to water quality. DEQ’s decision tracks the arguments MEIC has made for years regarding the mine’s impact on area waters. Finally, after years of litigation, the federal government has agreed to review its coal leasing program on public lands. Last year, over 250 million tons of coal were mined on federal public lands, about half of nationwide production, yet the government hasn’t updated its environmental and financial analysis of the program since the early 1980s. President Obama put a moratorium on coal leasing on federal lands and initiated a study of the leasing program. Then Interior Secretary Ryan Zinke in the Trump Administration eliminated the moratorium and analysis, but a federal court found Sec. Zinke didn’t have the authority to do so. The Biden Administration has now agreed to review the program and will accept public comments until September 20, 2021. MEIC will alert you soon on how to comment. Shiloh Hernandez, formerly with Western Environmental Law Center and now with Earthjustice, represents MEIC and its allies in all of these mining proceedings except the coal leasing moratorium, in which we are represented by Earthjustice attorneys Jenny Harbine and Amanda Galvan.
Protecting Montana’s natural environment since 1973.
