By AMY BETH HANSON Associated Press
HELENA, Mont. (AP) U.S. Magistrate Timothy Cavan ruled that a federal agency failed adequately to analyze the potential environmental harm from an increase in the size of a Montana coal mining operation that supplies a nearby power station before approving a permit expansion.
Cavan’s February 11th findings recommend that either the Office of Surface Mining Reclamation and Enforcement fix its violations of National Environmental Policy Act within one year or that the court revoke the June 2019 permit for the Rosebud Mine in Colstrip.
The recommendation must be approved by Susan Watters (US District Judge) in Billings for it to go into effect, according the Montana Environmental Information Center.
MEIC and others filed a lawsuit on November 2019, claiming that the federal Environmental Impact Statement for the proposed mine extension only generally acknowledged that the mine would have long term cumulative impacts on surface waters as well as soil disturbance at its mine site.
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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 had not explained why it didn’t include those calculations.
Colstrip Power Plant uses coal to boil water and creates steam that spins a generator that creates electricity.
According to the court’s findings the Rosebud Mine is Colstrip’s only coal source. The expansion of the mine will have a predictable effect on the power plant’s greenhouse gases emissions and water consumption.
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 rest of the mine is not depleted and so revoking a permit wouldn’t have any immediate effect on emissions or water consumption at the power plant, Cavan was not able to recommend this. Cavan stated that the Environmental Impact Statemen may be corrected by the Office of Surface Mining.
Rosebud Mining is owned and operated by Westmoreland Corporation, Colorado. The corporation did not return a telephone message on Thursday.
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