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Cite inaction on permit for West Elk Mine.

 

Five environmental groups last week filed a lawsuit about Colorado’s largest coal mine in what amounts to a scold of the administration of Gov. Jared Polis.

The lawsuit filed by WildEarth Guardians and four other groups alleges that a state agency, the Air Pollution Control Division, violated law by failing to act on a permit for the West Elk Mine near Paonia. That deadline passed in September 2021.

The Associated Press explained that a federal permit, granted by the state, allows greater oversight over the mine’s compliance with clean air laws and regulations. The mine, like others in the North Fork Valley, is a major emitter of methane.

The same five conservation groups had previously filed a federal lawsuit against Arch Coal over methane and other toxic air emissions at the mine.

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Earlier in July, Polis issued a statement pointing out that state legislators in the last session provided funding for significant improvements in resources for the state agency.

“Recent expansion in core responsibilities specifically related to the EPA ozone non-attainment did not come with adequate resources,” noted the letter to department heads in his administration. “These investments now empower the (Air Pollution Control) Division to expand monitoring and emissions work, accelerate the transition to cleaner technologies across various industries and to more thoroughly engage with communities across the state, particularly those most affected by air pollution.”

Top photo/West Elk Mine in March 2022/Allen Best

Allen Best
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