Interior Department will not pursue appeal of Colowyo ruling

The U.S. Department of the Interior has decided not to pursue an appeal of a federal court ruling that threatened to close Colowyo coal mine in Northwest Colorado. According to a statement from Department of the Interior spokeswoman Jessica Kershaw, “We are not appealing the court’s decision, but are on track to address the deficiencies in the Colowyo permit within the 120-day period.” U.S. Rep. Scott Tipton, R-Cortez, said the decision is disappointing and he will follow up with Secretary of the Interior Sally Jewell to ensure all the resources necessary to keep the mine open are allocated. Colowyo Coal Co., a subsidiary of Westminster-based Tri-State Generation and Transmission Association, owns Colowyo mine and was disappointed with Department of Interior’s decision while still hopeful about the upcoming review. “We are disappointed that the government did not appeal the federal district court’s decision. Colowyo Mine remains confident that the U.S. Department of Interior and Office of Surface Mining are making every effort to complete the required environmental review within the 120-day period ordered by the court,” Tri-State’s Senior Manager of Corporate Communications and Public Affiars Lee Boughey said in an email. “These efforts help ensure compliance with the judge’s order while supporting the 220 employees of Colowyo Mine and communities across northwest Colorado.” The issue arose on May 8 when Judge R. Brooke Jackson ordered Office of Surface Mining Reclamation and Enforcement to redo its environmental assessment for Colowyo’s South Taylor pit within 120 days or the mining plan would be voided. Jackson’s order was the result of a claim brought by environmental advocacy group WildEarth Guardians. Guardians’ claim asserted the OSMRE did not comply with the National Environmental Policy Act when it recommended approval of Colowyo’s mining plans to the Secretary of the Interior’s office in 2007. Jackson agreed with the claim, specifically citing OSMRE’s failure to facilitate adequate public comment and take into account the indirect impacts of mining coal...more