HELENA, Mont. (AP) Before approving an extension permit for a Montana coal mine in the southeastern, U.S. Magistrate Judge Timothy Cavan ruled that a federal agency failed to properly analyze the environmental damage that could be caused by the increase in the size of the mine.
Cavans’ Feb. 11 findings recommend that the Office of Surface Mining Reclamation and Enforcement immediately corrects its violations of National Environmental Policy Act. Or, the court should revoke June 2019 permission to expand Rosebud Mine near Colstrip.
The recommendation of Cavans must be approved by Susan Watters, U.S. District Judge in Billings, for it to become effective, according to the Montana Environmental Information Center.
MEIC and others filed a lawsuit against the federal Environmental Impact Statement (FEIS) for the proposed mine expansion in November 2019. They argued that the statement only generally acknowledged that the mine would have long-term cumulative effects on surface water as well as soil disturbance at the mine site.
Cavan discovered that the EIS did not calculate the economic benefits of the expansion, including continued jobs, maintaining tax base and royalty payments, and failed to monetize environmental harm from burning another nearly 71,000,000 tons of coal. It also didn’t analyze the use of additional water coming from the Yellowstone River. Cavan wrote that the Office of Surface Mining didn’t explain why it didn’t include these calculations.
Colstrip Power Plant uses coal to boil water and creates steam that spins a generator that creates electricity.
According to the court findings, the Rosebud Mine provides the only source of coal needed for the Colstrip Power Plant. The expansion of the mine will have a predictable effect on greenhouse gas emissions and water usage.
Bottom line, the Office of Surface Mining illegally and completely ignored the true cost of mining and burning 70.8 millions tons of coal. Jeff Smith, cochair of 350 Montana’s clean energy group 350 Montana, was one of the plaintiffs. This ruling means that coal companies can’t ignore what Montanans see, including dying streams and megafires, prolonged droughts, and months of choking fumes.
Cavan said that he didn’t recommend revoking a permit for expansion immediately. Because the coal mines are not exhausted, revoking the permit would not have any immediate effect on emissions and water use at the power plants. Cavan indicated that the Environmental Impact Statemen might also be rectified by the Office of Surface Mining.
Rosebud Mining is owned by Westmoreland, a Colorado-based corporation. They did not return a call seeking comment on Thursday.