GUNNISON, Colo.— A Gunnison County judge today upheld a Colorado state agency’s decision requiring the West Elk coal mine to monitor and limit pollution from eight stormwater discharge sources, water that flows into the North Fork Gunnison River. Mountain Coal, which owns and operates the mine, challenged including these eight discharge locations in its 2019 state permit.

Stormwater at industrial sites can pick up debris, chemicals, sediment and other pollutants that harm fish and aquatic ecosystems. Regulation of stormwater discharges from these sites helps protect water quality.

“This decision will ensure that the stormwater flowing from this dirty coal mine meets state water quality standards, which is a win for people and wildlife,” said Alli Henderson, senior attorney and southern Rockies director at the Center for Biological Diversity. “The state’s regulation of these types of pollution sources is essential to keeping our cold-water fisheries and fragile aquatic environments healthy.”

The West Elk coal mine is one of the largest coal mines in Colorado and the single-largest industrial source of methane in the state.

“This is a good day for the North Fork of the Gunnison River since this decision confirms that Mountain Coal must limit pollution from its stormwater runoff,” said Jon Hare, advocacy director for High Country Conservation Advocates. “The Water Quality Control Division did the right thing with this permit. We’re glad the court agreed that Mountain Coal is accountable for its stormwater runoff at the challenged discharge points and the harm it may have on water quality and the environment."

Mountain Coal has a history of ignoring court orders regarding its operations and of polluting the local watershed. In 2020 a federal appeals court tossed out a U.S. Forest Service decision that would have allowed the company to expand into a roadless area in the Gunnison National Forest. Mountain Coal proceeded to bulldoze about a mile of road and two well pads used to drain methane from the underground mine workings.

In October 2020 the appeals court issued an injunction that blocked further construction in the roadless forest. That same month subsidence from mining operations swallowed part of South Prong Creek, leaving a 40-foot-wide hole and causing water to flow into the mine workings. The Colorado Division of Reclamation, Mining and Safety said Mountain Coal was negligent and the agency fined the company.

​“Mountain Coal has a history of environmental violations and disregarding the law,” said Kate Merlin, a staff attorney at WildEarth Guardians. “This isn’t the first time a court has rightly seen through their attempts to get around protections for our air and water. This ruling will help protect our waters, our wildlife, our workers, and all Coloradans who value the beauty of our mountains.”

In today’s ruling, a Gunnison County District Court found the contested discharge locations are linked to industrial activity at the West Elk coal mine, the discharges are not exempt from state regulation, and the state’s Water Quality Control Division is the appropriate state agency to regulate these discharge sources.

“Today’s decision is a win for clean water in Colorado,” said Nathaniel Shoaff, a senior attorney with Sierra Club. “Mountain Coal may not like it, but the coal industry doesn’t get a free pass.”

Seven of the eight discharge locations are along an access road that houses coal mine facilities. These facilities include the sole source of electricity for the mine, ventilation fans necessary for coal extraction and dewatering boreholes to keep the mine operational in the case of a flood. Stormwater from the area flows into Sylvester Gulch before entering the north fork of the Gunnison River.

The last discharge point is where coal is loaded onto trains and transported to market. In the process of loading coal into the rail cars, coal dust is left on the ground. Stormwater collects the coal dust and flows directly into the North Fork Gunnison River.

The Center and conservation groups intervened in the case after Mountain Coal challenged the state permit.