The threat is still there
An immediate temporary restraining order (TRO) was not ultimately needed to take a plan to explore and eventually expand a coalmine in the North Fork Valley off the fast track. But the request for the TRO may have helped derail it, if just for a bit.
That exploration action could end up with roads and industrial mining gas venting pads being built in the Sunset Roadless Area near the West Elk Wilderness. The review board within the Bureau of Land Management (BLM) has basically taken the proposed coal exploration off the interstate and put it back on a normal road. But it is still moving forward.
The plan will now have to go through normal channels and timeline. This provides a 30-day agency appeal period and process.
The High Country Citizens’ Alliance, along with WildEarth Guardians represented by Earthjustice, has filed a federal lawsuit in an effort to prevent Arch Coal from expanding its mine under the roadless area. Before the appellate review board denied BLM’s request to expedite the exploration, the groups anticipated an immediate TRO would be needed to halt work that could have ended with new roads being built this month in the roadless area. The groups are still seeking a TRO but a hearing will not be held until August.
According to HCCA public lands director Alli Melton, the BLM’s board of land appeals denied a request to give the expansion immediate approval. “Arch and the BLM must comply with the regular timeline of waiting for the 30-day appeal period to end,” she said. “This does not reduce the threat to the roadless area nor the potential harm our airsheds and climate may face. But the denial stops the company from moving forward immediately with exploration as it had hoped.”
Melton said the decision also pushes back the federal district court timeline. She expects a hearing will be scheduled for next month.
If the expansion goes forward, HCCA and the environmental groups anticipate the need for roads to be built and drilling pads to be erected. But while the mine is underground, approximately six miles of new roads and 30 acres of land would be affected. Given the gassiness of the coal seams, the methane has to be vented above the mine. Forty-eight well pads have been proposed as part of the expansion.
The environmental protection groups contend the BLM and Forest Service have failed to analyze and assess air pollution impacts and other effects to the Sunset Roadless Area. The suit also challenges the validity of the Colorado Roadless Rule, which exempted roadless areas in the North Fork Valley from protection.
“The exploration and its devastating impacts are still a very real threat,” said Melton. “Arch wants to start exploration as soon as it can, which could be as early as next month.”
Melton said she feels that the filing of the lawsuit might have helped make the BLM aware that there was opposition to the exploration proposal.