Feds Seriously Moving to Adopt Arch Coal Loophole

One would think that in the face of mounting controversy over the Obama Administration’s massive climate blind spot, the federal government would start to show some restraint when it comes to approving fossil fuel development on public lands.

Instead, they’ve done the complete opposite.  Not only that, but a new proposal from the U.S. Departments of Agriculture and Interior signals they’re aiming for the worst, a scheme to sacrifice nearly 20,000 acres of wild forest lands to appease Arch Coal.

The proposal comes in the aftermath of a landmark court ruling that overturned a loophole allowing coal mining in National Forest roadless areas in western Colorado.  A dubious giveaway, the loophole opened up thousands of acres of protected lands for coal mining near the iconic West Elk Mountains.  Even worse, it opened the door for coal companies to develop methane venting wells.  Far from harmless, the venting is devastating for the climate and has already transformed public lands in the area into a de facto gas field.

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Methane venting well with West Elk Mountains in background.

Thankfully, last summer a federal judge held that when adopting the loophole the Departments of Agriculture and Interior illegally failed to account for the climate impacts of expanded mining near the iconic West Elk Mountains.  The order dealt an especially significant blow to Arch Coal, which planned to target 350 million tons of new coal mining in the area.

More importantly, it opened the door for the Agriculture and Interior Departments to get it right on climate.  Instead of deferring to the status quo and letting the fossil fuel industry get its way on our pubic lands, the order created an unprecedented opportunity for these agencies to finally say “no.”

Sadly, instead of seizing the opportunity, it appears the agencies remain intent on sacrificing our public lands at the expense of our climate.

In a notice today, the Department of Agriculture, with the Department of the Interior “cooperating,” announced it intends to restore the coal mining loophole, opening up 19,100 acres of protected National Forest lands for coal mining and putting Arch Coal’s plans back on the rails.

The proposal takes climate hypocrisy to dangerous new heights (or should it be lows?).  Not only would it pave the way for more coal mining, it stands to unleash nearly half a billion tons of carbon.  Worse, it would do so by giving away our protected public lands to a single coal company.

That latter point can’t be emphasized enough.  The only other company that could possibly benefit from the loophole is currently shut down and has no plans to reopen.  This leaves Arch as the sole beneficiary, truly making it the “Arch Coal Loophole.”

The corrupt optics aside, while it may not be blatant climate denial, giving away our public lands to a coal company sure comes close.

The fact that the Agriculture and Interior Departments have even proposed the Arch Coal Loophole is troubling (after all, it means they’re already squandering taxpayer dollars for the benefit of Arch), but hopefully they’ll come to their senses and change course.

In the meantime, check out this video to see what’s at stake on the ground in western Colorado.  It’s a few years old, but as fresh as ever.  Enjoy!