By Camille Erickson, Casper Star-Tribune via Wyoming News Exchange
CASPER — A Navajo Nation-based coal operator reached a long-awaited agreement with the U.S. government Tuesday, giving federal regulators the authority to enforce mining laws at three Powder River Basin coal mines.
As a tribal entity established under Navajo Nation law, Navajo Transitional Energy Company, or NTEC, has the right to sovereign immunity, or the ability to potentially shield itself from U.S. federal jurisdiction. But under the new agreement, NTEC agreed to a limited waiver of this sovereign immunity — a step that brings the newest coal company to enter Wyoming one step closer to securing permits for some of the largest mines in the nation.
When the company purchased a trio of thermal coal mines outside of the Navajo Nation in October, including two in Wyoming, critics of the deal worried NTEC would have the power to skirt state and federal regulations. But under Tuesday’s agreement, the tribal entity offered to waive that protection, thereby allowing the U.S. Office of Surface Mining Reclamation and Enforcement to hold it accountable to applicable federal mining and environmental laws, including the Surface Mining Control and Reclamation Act.
Since purchasing the Antelope, Cordero Rojo and Spring Creek mines from bankrupt Cloud Peak Energy last year, NTEC has been operating as a contract miner. To become a full operator and owner of the mines, it must waive its sovereign immunity and secure mining permits.
“NTEC appreciates the diligence of (the Office of Surface Mining, Reclamation and Enforcement) and (the Department of Interior) in moving this process forward,” Clark Moseley, CEO of the coal company, said.