Guardians to Federal Court: Stop Illegal Coal Mining

Injunction Sought Against U.S. Interior Department, Forest Service Approvals of Largest-ever Strip Mining Plans in Powder River Basin

Powder River Basin of Wyoming—WildEarth Guardians, the Sierra Club, and Powder River Basin Resource Council late last week filed opening salvos in lawsuits to overturn one the largest coal mining plans ever approved by the federal government and keep billions of tons of carbon from being unleashed.

“Stopping global warming means starting to move away from fossil fuels,” said Jeremy Nichols, WildEarth Guardians’ Climate and Energy Program Director.  “We can’t possibly make that move if our federal government continues to green light such massive strip mining plans in the Powder River Basin.” 

In opening briefs, Guardians confronted the U.S. Interior Department’s approval of four new coal leases in the Powder River Basin, as well as the U.S. Forest Service’s approval of this leasing on the Thunder Basin National Grassland.  The leases would expand the Black Thunder and North Antelope-Rochelle strip mines, the two largest coal mines in the world, which are also owned by two of the world’s largest coal companies—Arch Coal (Black Thunder) and Peabody Energy (North Antelope Rochelle).  These two mines collectively produce more than 20% of all coal burned in the U.S.

The Powder River Basin of northeastern Wyoming already produces 43% of the nation’s coal, making it the largest coal producing region in the nation.  Coal from the region is burned in more than 200 power plants and increasingly, is exported abroad to be burned in Asia and Europe.

The offending leases threaten to lead to more than 3.3 billion metric tons of carbon dioxide, which would be like cutting down more than 400 million acres of forest—an area roughly four times the size of Texas.  The mining comes as atmospheric concentrations of carbon dioxide are greatly exceeding 350 parts per million, the level considered safe for humanity.

 “With global warming fueling extreme weather, environmental and economic uncertainty, and social upheaval, our world can’t afford such irresponsible decisions,” said Nichols.  “Thankfully, by tackling these massive coal mining plans, we can take a significant step forward to ensuring that fossil fuels stay where they belong:  in the ground where they can’t be burned.”

The leases collectively represent one of the largest coal mining plans ever approved by the federal government.  Recent reports show that the Interior Department has been downplaying, if not outright covering up, greenhouse gas emissions associated with its coal decisions.

The Powder River Basin is a root contributor to global warming in the U.S.  Producing more than 460 million tons annually, power plants in 35 states from Oregon to New Jersey burn coal from the region.  The coal is federally owned and managed by the Bureau of Land Management, an Interior Department agency.  The Bureau estimates that for every one ton of Powder River Basin coal burned, 1.659 metric tons of carbon dioxide are released.  In total, the region is responsible for 13% of all U.S. carbon dioxide emissions, more than any other single activity.

At the same time, strip mining in the Powder River Basin is fueling regional clean air concerns.  Reports by the Bureau of Land Management have found that coal mining in the region is violating air quality limits for particulate matter and nitrogen dioxide gases (a byproduct of blasting at coal mines), and flirting with violating federal limits on ground-level ozone, the key ingredient of smog. 

The lawsuits, filed in 2012, challenge the Interior Department’s approval of the South Hilight, North Hilight, South Porcupine, and North Porcupine coal leases, as well as the Forest Service’s decision to allow these leases to impact the Thunder Basin National Grassland.  Coal leases, which last for 20 years, convey a right to mine, guaranteeing that the coal will be mined and burned if the leasing decisions are upheld.

The leases are the first of six pending leases approved by the Interior Department to expand the Black Thunder and North Antelope Rochelle mines.  Called the “Wright Area” coal leases, the six leases collectively threaten to open the door for a total of 4.2 billion tons of new coal mining.

Guardians, the Sierra Club, and the Powder River Basin Resource Council are challenging the Interior Department and the Forest Service over their failure to take into account the global warming implications of their coal decisions, as well as their failure to limit air quality impacts and ensure adequate reclamation.  The suits are before the U.S. District Court for the District of Wyoming and will likely be ruled upon within a year.


 

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