His decision — concerning Arch Coal's West Elk Mine northeast of Paonia — came after the Forest Service Rocky Mountain Region in February instructed him to further evaluate "flaring" (or burning off methane) in response to an appeal from several conservation groups concerned about greenhouse gas emissions.
The regional office based its decision on conflicting information provided by the U.S. Mine Safety and Health Administration regarding the method's viability.
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Richmond went on to say the Forest Service agrees methane gas should be captured and put to beneficial use but, despite popular assumptions, he is not authorized to require flaring or capturing.
Those responsible for the appeal called the decision "extremely disappointing."
"They (Forest Service officials) are contradicting themselves and disregarding the concerns on climate change," said Jeremy Nichols, director of Rocky Mountain Clean Air Action, one of the groups that filed the appeal. "We're incredibly disappointed with the Forest Service's refusal to do what's right."
The Forest Service's August 2007 environmental review noted that methane is more than 21 times more effective in trapping heat in the atmosphere than carbon dioxide, he said.
At a minimum, Nichols said that the Forest Service has within its jurisdiction, the ability to work with other federal agencies to help address the concerns.
GMUG spokesperson Lee Ann Loupe said the role of the Forest Service is to manage surface natural resources. She added that there is no national regulation on methane, and therefore, no federal agency required to regulate it.
Earthjustice staff attorney Ted Zukoski, who represented the groups in the appeal, said the Forest Service squandered an "opportunity to do something about one of the largest contributors of greenhouse gases in the state."
According to Zukoski, the amount of methane (otherwise known as natural gas) that was proposed for venting would have been enough to heat 35,000 homes a year for 12 years.
Despite safety and technological concerns over flaring, he said, "it is our understanding that there are seven active (coal) mines flaring methane."
He said the groups are actively investigating another appeal.
Contact Lisa Huynh via email at lisah@montrosepress.com
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