Court Approves Restart of Navajo Coal Mine, New Mexico
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The U.S. Court of Appeals for the 10th Circuit in Denver has vacated and dismissed last year’s federal court decision that halted operations in Area IV North at the Navajo Mine.
On Wednesday, a three-judge panel dismissed an appeal the Navajo Transitional Energy Company filed in 2015 as “constitutionally moot” and vacated an opinion, order and final judgment a federal judge in Colorado issued last year.
U.S. District Court Judge John L. Kane rejected the U.S. Office of Surface Mining Reclamation and Enforcement’s approval in 2012 of mining operations in 714 acres of Area IV. He later ruled the office’s approval violated the National Environmental Policy Act because it did not consider the impacts of burning coal at the Four Corners Power Plant.
In addition, the federal appellate judges determined they lacked jurisdiction on the appeal because the Office of Surface Mining, in accordance with the district court’s remand, issued a revised Environmental Assessment for Area IV North in October.
The decision was reached after the three-judge panel determined an oral argument was not necessary for the appeal.
The Navajo Mine, which is owned by NTEC, is the sole provider of coal to the Four Corners Power Plant.
In a press release on Thursday, NTEC stated the halt in operation cost the company and the Navajo Nation approximately $2 million, and mining operations elsewhere at the Navajo Mine moved to seven days a week during the closure in order to provide the coal needed for the power plant.
NTEC CEO Clark Moseley welcomed the federal appeals court decision in the press release.
“NTEC is very pleased with this outcome on appeal. As a company of a sovereign nation, we can continue doing work to secure Navajo Nation’s self-determined future,” Moseley said.
He added, “The unfortunate decision of the Colorado District Court last year is no longer on the books, and NTEC can now move on with its operations on behalf of the Navajo Nation.”
Source: (March 31, 2016) Farmington Daily Times
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