U.S. judge approves mining in forest
In a much anticipated ruling, U.S. District Judge Dee Benson on Wednesday lifted a temporary injunction that put the brakes on coal mining in the Manti-La Sal forest after Utah Environmental Congress sued over the project.
"The amount of coal lost would provide electricity to 476,796 households or (1.5 million) residents for one year," Benson wrote in his 28-page decision. "This is especially adverse to the public's interest in light of the president's energy policy that elevated the public interest in energy resources."
Benson also denied UEC's request to halt the project completely.
Conservationists were disappointed but not surprised and will appeal the decision to the 10th Circuit Court of Appeals.
"The Utah courts have historically not been up to speed on environmental issues and have been consistently overturned in the 10th Circuit," said Stephanie Tidwell, executive director of UEC. "We come into this fully prepared to appeal."
UEC sued the Bureau of Land Management for approving Canyon Fuel's proposal to mine underneath a 143-acre portion of the East Fork of Box Canyon Creek drainage of the Manti-La Sal forest. In October, UEC won a temporary court injunction halting part of the project, but a big portion of it already has begun and, the group asserts, has damaged a 10,000-year-old prehistoric structure.
UEC attorneys argued that BLM, which controls the mineral rights on the Forest Service land, should have conducted additional environmental studies and disregarded the Forest Service's concerns about mining underneath a perennial stream, which could cause shifting and cracking that would alter the flow of water.
Lawyers for the U.S. Attorney General's Office argued that BLM did address the concerns and determined that additional environmental analysis wasn't necessary.
Canyon Fuel attorneys focused their arguments on the importance the project has on the local economy. About 27 percent of Emery County's tax base is a result of the mining operations.
Benson sided with Canyon Fuel and BLM.
"When weighing the above alleged financial losses to the United States, state and local governments, not to mention Canyon Fuel, that would result . . . against the speculative claims of environmental harm alleged by UEC if the mining were permitted to go forward, the balance of the harm weighs in favor of denying the permanent injunction," Benson ruled.
E-mail: donna@desnews.com
Comments
- Regulators close Wyoming bank 9:17 p.m.
- Bailout $ may aid small business 9:16 p.m.
- Facebook sued on control of content 9:15 p.m.
- Poor more likely to leave California 9:13 p.m.
- Montana guv blasts GM 9:11 p.m.
- GM exits bankruptcy quickly 9:10 p.m.
- Death near Rockville suspicious 9:09 p.m.
- May trade deficit dropped to $26B 9:08 p.m.
- Continental granted antitrust immunity 9:07 p.m.
- Jackson event draws thousands 9:02 p.m.
- LDS seminary principal arrested
- Jazz talking Boozer trade?
- Reactions on Boozer speculation
- Stadium of Fire flag burning was fake
- Jazz in back of line for free agents
- Blazers offer Millsap 4-year deal
- A primer for the 6th Potter film
- Okur signs two-year extension
- Jazz won't meet Lopez on Europe trip
- Restaurant destroyed by fire
- Letters: Palin mistreated
142 - Bronco collecting a galaxy of recruits
141 - Teachers struggle with district cuts
138 - Jazz talking Boozer trade?
136 - LDS seminary principal arrested
133 - Blazers may offer Millsap a contract
123 - Stadium of Fire flag burning was fake
93 - Fairness of BCS debated
81 - Chaffetz eyes challenging Bennett
74 - Letters: Single-payer system best
71
As more and more dads are put out of work in this economy, I've been...
The photographs are mysterious, brooding, dark. They show dimples and...
i had awesome this year and she was well....awesome =) i miss her so much...
Yes, I'm rooting for the Y against OK also. Any win by MWC over BCS benefits...
off the hook for this, because he did good things at other times. We are...
"So depending on where you look, you'll get your answer." Well...that's...
Apparently your allowed to bring politics into this "sports" story but if...
After 4 years of slick-talking-Obama-Mania, I think the time will come when...
I had Bro. Pratt his first year teaching. I cannot tell you what a...
It's time to let him go, there is no way he is worth that kind of money. We...
Anonymous | 6:13 p.m. If YOU believe it is inevitable that the planet will...
Are the Trail blazers still interested in a trade with the Jazz? If the...


You can be the first to comment on this story.