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Sierra Club Seeks Clean Up of Open Pit Coal Combustion Waste Dump
Case Updates:
April 27, 2010
On April 8, Sierra Club took action to protect New Mexico’s communities, wildlife, and waterways from the harmful impacts of toxic coal combustion waste disposal. Sierra Club filed a lawsuit in the U.S. District Court for New Mexico to stop the unregulated disposal of millions of tons of toxic coal combustion waste into unlined pits at the San Juan Coal Mine near Farmington, and to compel the clean up of disposed waste that continues to leach toxic pollutants into surrounding ground and surface waters.
Since 1973, the San Juan Coal Company has dumped more than 40 million tons of coal combustion waste containing pollutants like arsenic, lead and mercury into massive unlined pits at the San Juan Mine. The waste disposed of at the mine comes from the nearby San Juan Generating Station, and includes several forms of ash as well as sludge from scrubbers that remove air pollutants from the power plant exhaust. As the result of the lack of adequate safety precautions, toxins from the coal combustion waste have leached into nearby waterways and wells, endangering local residents, livestock, and wildlife.
Sierra Club filed suit against the operators of the coal mine - the San Juan Coal Company and its parent company BHP Billiton, Ltd. - and the primary operators of the generating station - Public Service Company of New Mexico and PNM Resources. The complaint alleges violations of the Surface Mining Control and Reclamation Act and the Resource Conservation and Recovery Act. Sierra Club provided notice of its intent to sue in December 2009 to the operators and the state and federal agencies responsible for regulating surface mining and waste disposal, and for maintaining ground and surface water quality. Because the alleged violations persist, Sierra Club has proceeded with the lawsuit.
The San Juan suit comes as the U.S. Environmental Protection Agency (EPA) considers strengthening regulations on the disposal of coal combustion waste. An EPA rule regarding coal combustion waste is expected to provide basic standards that would protect public health and the environment for communities all across the U.S.
Details and Documents:
Sierra Club Seeks Clean Up of Open Pit Coal Combustion Waste Dump
April 8, 2010, Sierra Club Press Release
Sierra Club Complaint
April 8, 2010, USDC, District of New Mexico
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