Current work in wildlife, rivers, public lands, and climate

WildEarth Guardians Challenges Expansion of Elk Creek Mine
Contact: WildEarth Guardians

DENVER – With clean water and the climate at stake, WildEarth Guardians filed a challenge yesterday to a Forest Service decision allowing a western Colorado coal mine to expand.

The group’s appeal, which was filed late yesterday with the Regional Forester in Denver, targets the failure of the Forest Service to protect clean water and the climate in allowing Oxbow Mining, LLC to expand operations at the Elk Creek mine near Paonia. The Elk Creek mine is the fifth largest coal mine in the state.

“Coal burning is fueling global warming, yet the Forest Service continues to turn a blind eye when it comes to protecting our climate,” said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians. “It’s time for the Forest Service to seriously address the implications of allowing more coal mining instead of rubberstamping the plans of coal companies.”

At issue is the failure of the Forest Service to address the climate impacts of continued coal mining. Coal from the Elk Creek mine will be burned, producing massive amounts of carbon dioxide, a greenhouse gas that is fueling global warming. The Forest Service refused to address such impacts before authorizing expansion of the Elk Creek coal mine, despite the fact that coal burning is the largest source of greenhouse gases in the United States.

Climate change is predicted to pose severe impacts to the State of Colorado. Governor Bill Ritter stated in his 2007 Climate Action Plan that:

“For Colorado, global warming will mean warmer summers and less winter snowpack. The ski season will be weeks shorter. Forest fires will be more common and more intense. Water quality could decline, and the demand for both agricultural and municipal water will increase even as water supplies dwindle.”

In April of 2008, Governor Ritter issued an Executive Order calling for a 20% reduction in greenhouse gases by 2020 and an 80% reduction by 2050.

“Despite Governor Ritter’s urgent call to action, the Forest Service continues to greenlight more coal mining in Colorado without seriously looking at how to limit warming’s impact,” said Ted Zukoski, an attorney with the public interest law firm, Earthjustice. “Climate change is a huge threat to Colorado’s water supply, wildlife, and quality of life. The Forest Service needs to get out of its La-Z-Boy and help solve this problem.”

The appeal also challenges the failure of the Forest Service to limit selenium water pollution from the Elk Creek coal mine. Many streams impacted by the Elk Creek coal mine are already in violation of Colorado water quality standards limiting selenium. Selenium can cause growth defects, hair loss, and neurological impairment. According to reports from Oxbow Mining, selenium pollution is expected from the mine expansion.

“Coal mining shouldn’t come at the expense of clean water,” said Nichols. “With the North Fork of the Gunnison River suffering from selenium pollution, the Forest Service should have taken steps to eliminate this poisonous pollutant.”

The Forest Service has 45 days to respond to the administrative appeal.

The appeal can be downloaded here (PDF).