HCCA’s West Elk Coal Mine Advocacy Succeeds

A Beaver Lodge in the Sunset Roadless Area

We want to keep you apprised of a couple of positive developments at the West Elk coal mine in Gunnison County.

First, as you may recall, in 2020 Mountain Coal Co. bulldozed a road into the Sunset Roadless Area to facilitate mine expansion, resulting in (amongst other things) a State-issued Cessation Order. On January 12, 2022, the Colorado Division of Reclamation, Mining, and Safety (DRMS) lifted that Cessation Order, but at the same time noted that Mountain Coal no longer has approval to construct roads under its state permit! If Mountain Coal sought such approval in the future, it would have to request a technical revision, a process that involves public notice and engagement opportunities. However, because the North Fork Coal Area exemption has been vacated, Mountain Coal no longer maintains a legal right of entry, a requirement for such a revision to be approved. As DRMS states: "MCC does not maintain legal right of entry for the Sunset Roadless area." This is great news for the wildlands, wildlife, and waters of the Sunset Roadless Area!

Second, in 2020, High Country Conservation Advocates, WildEarth Guardians, the Center for Biological Diversity, and the Sierra Club sued Arch Coal over illegally polluting* without permits at the West Elk mine. Under Title V of the Clean Air Act, “major sources” (such as the mine) cannot emit air pollutants without an operating permit. Last week a federal judge approved a settlement agreement that obligates Mountain Coal to both operate pollution control equipment and obtain and comply with a Clean Air Act permit. While this doesn't halt coal mining at the West Elk, it does ensure that formerly voluntary methane pollution mitigation is now legally mandatory. Also critical in this settlement is that the mine is required to proceed with the Title V permitting, which will ensure compliance with the Act's pollution control provisions.

We’ve been challenging coal mine expansion in the Sunset Roadless Area for over a decade, and thank our partners for their tremendous hard work, and the community for its continued support.