Dos Republicas Coal Partnership Appeals Consolidated
By: Jose G. Landa
Copyright 2013
The County of Maverick, Maverick County Environmental and Public Health Association, City of Eagle Pass, Maverick County Hospital District, Paquache Clan of Texas, and George Baxter’s appeals of the Railroad Commission of Texas approval to issue an open surface coal mining permit to foreigned-owned Dos Republicas Coal Partnership on a controversial split 2 to 1 vote on January 29, 2013 has been consolidated into one case instead of four at a State District Court in Travis County, Texas.
The parties’ attorneys reached an agreement to consolidate the four distinct appeals into one case for the purpose of judicial efficiency and in the interests of justice. The parties’ attorneys also agreed to use the transcript of the Railroad Commission of Texas hearing in lieu of ordering a new transcript to save all the parties money and time. The parties will now work on a briefing schedule with the Court in Austin, Texas to fully present their legal arguments and briefs in support of their arguments.
The Kickapoo Traditional Tribe of Texas originally was a party to the Railroad Commission of Texas proceeding but bowed out suspiciously before a major hearing on May 2012 deciding to withdraw from opposing Dos Republicas Coal Partnership’s application to renew, revise, and expand Permit 42-B, Eagle Pass Mine.
Dos Republicas Coal Partnership, a Texas partnership owned by two Texas corporations known as Eagle Pass Coal Corporation and Maverick County Coal Corporation who in turn are owned by a Mexican corporation named Minera del Norte, S.A. de C.V., which in turn is a subsidiary wholly-owned by Mexico conglomerate Grupo Acerero del Norte, S.A. de C.V./Altos Hornos de Mexico, S.A. de C.V., headquartered in Monclova, Coahuila, Mexico. Dos Republicas Coal Partnership seeks to build, construct, and operate an open surface coal mine only three miles north of the City of Eagle Pass, Texas city limits, definitely within its extraterritorial jurisdiction, on the banks of the Elm Creek, a direct water tributary of the Rio Grande River, near Thompson Road (FM 1588) in a densely populated area including Deer Run Subdivision, Elm Creek, South Elm Creek, Siesta Acres, Seco Mines, Hopedale, Coahuila Vista, Ritchie Farms, and many more subdivisions in northern Maverick County. In addition, Seco Mines Elementary, Pete Gallego Elementary, The Lighthouse Academy, and Teaching and Mentoring Communities Headstart Center are public and private schools located within a mile or two from the proposed coal mine site.
An overwhelming majority of Eagle Pass and Maverick County, Texas residents vehemently oppose the proposed Eagle Pass Mine by Dos Republicas Coal Partnership. Dos Republicas Coal Partnership plans on shipping the Texas-coal from Maverick County to Nava, Coahuila, Mexico, to be burned in the Lopez Portillo Electricity Coal-generated plant (Carbon I) and Carbon II, the two largest coal-generated electricity plants in Latin America and among the largest contributors of air pollution to the State of Texas, Big Bend National Park, and the United States. Opponents allege that the Eagle Pass Mine will contaminate the water of the Elm Creek and Rio Grande River, where the City of Eagle Pass Municipal Water Treatment Plant is located, the air in Maverick County, noise, traffic, pulmonary diseases, cancer diseases, public health diseases, endanger protected wildlife species such as the Ocelot and Jauguarundi cats, remove Native American burial sites and archaelogical sites, and other pollution issues.
The recent June 14-15, 2013 Maverick County Flood of Elm Creek and the Rio Grande River ia a prime example of how the Eagle Pass Mine operations will pollute the Elm Creek and Rio Grande with the overflow and spill of the coal mining sedimentation ponds and pits washing down into Elm Creek and Rio Grande and directly into both the Cities of Eagle Pass, Texas and Piedras Negras, Coahuila, Mexico municipal water treatment plants serving over 300,000 residents combined. Another recent flood was the July 5-7, 2010 Maverick County Flood which similarly caused the Elm Creek and Rio Grande River to crest 35 feet or more above their banks.
Dos Republicas Coal Partnership’s parent company in Mexico operates an open surface coal mine known as the Tajo Zacatoza/Norte in Piedras Negras, Coahuila, Mexico, across from Eagle Pass and Seco Mines on the Texas-Mexico border. According to Mexican news reports, the Tajo Zacatoza/Norte open coal mine pits flooded with water requiring that they be pumped into nearby creeks and Rio Grande River. If the Eagle Pass Mine is built and placed into operation, Eagle Pass and Piedras Negras, Coahuila, Mexico and all downstream Rio Grande potable water users on the Texas-Mexico border may face possible contamination and pollution of their potable water from the twin open surface coal mines at Eagle Pass and Piedras Negras, Coahuila, Mexico, an environmental event unseen in the history of the U.S.-Mexico border, especially at a time when the United States is decreasing its solid fossil fuels production and dependence for energy and resorting to cleaner fuels such as natural gas and green energy such as solar and wind energy.
In the event of an unfavorable ruling at the Travis County State District Court, it is anticipated that one or more parties may appeal the District Court’s decision to the Texas Court of Appeals in Travis County, Austin, Texas. The Dos Republicas Coal Partnership’s Eagle Pass Mine legal issues are definitely far from over as evident by the consolidated case now pending in a Travis County State District Court in Austin.
