Winter 2001-2002 Bulletin

Amigos Bravos Sues BLM for Failure to Protect the Río Grande

 

On September 5, 2001, Amigos Bravos filed a lawsuit in Federal District Court in Albuquerque alleging that the U.S. Bureau of Land Management has violated the Wild and Scenic Rivers Act by allowing a forty-acre gravel mine to operate “within and/or immediately adjacent to the Rio Grande Wild and Scenic area” northwest of Taos, NM. The lawsuit filed by the Western Environmental Law Center on behalf of Amigos Bravos claims that the large gravel pit operation is harmful to the wild and scenic values for which the Río Grande was designated by the U.S. Congress in 1968. Specifically the lawsuit states: “ The dust, pollution, noise, vibrations, traffic, and piles of exposed rock generated by the gravel mine’s operations, have had, and continue to have, a significant impact not only on the scenic values/aesthetic beauty of the Río Grande gorge area, but also the region’s solitude, the public’s opportunity to enjoy recreational pursuits, and the outstandingly remarkable bird and wildlife species that inhabit the Gorge area, including a number of raptor species which nest on the canyon walls near the mining site.” By designating the Río Grande gorge from the Colorado border to Taos Junction Bridge, including the lower four miles of the Red River, as one of the country’s original ten Wild and Scenic River areas, Congress recognized that the Río Grande, and its immediate environment, possess outstandingly remarkable scenic, recreational, geologic, wildlife, historic, and cultural values and as such, need to be protected for “the benefit and enjoyment of present and future generations.” The gravel mine is located on the west side of the Río Grande gorge just north of highway 64 and within view of the “high bridge.” In recent years there have been increasing complaints about the mining operation from visitors to one of the area’s most popular tourist attractions. The mine is located on lands adjacent to the Wild and Scenic boundary and may have trespassed on to lands protected by the U.S. Congress. The BLM owns the mineral rights to the land. In May 1999 Taos Gravel Products began mining without a contract or permission from BLM. BLM did not take corrective action till January 14, 2000 when it entered into a contract with the mine to allow mining on 5 acres. On May 15, 2000 BLM entered into a second contract to allow an additional 20 acres of mining. No environmental assessment was prepared nor was the public provided an opportunity to review and comment. On February 15, 2001 BLM and Taos Gravel Products entered into yet another contract which allowed an additional 20 acres of mining. No environmental assessment was prepared on this third contract, and the public was again denied due process. In a press release announcing the lawsuit, Amigos Bravos Executive Director Brian Shields said, “ Obviously the gravel pit operator was involved in a good faith business deal with BLM so we hold BLM responsible for this mess. To reverse the damage to the Wild and Scenic Río Grande, we are asking that BLM pay the cost of cleaning up the mess and not allow future mining to take place adjacent to the Wild and Scenic river area.” “The amazing thing is that the BLM allowed a relatively small five-acre operation to grow into a huge 40-acre mine without even asking for public input,” said Matthew Bishop, attorney with the Western Environmental Law Center. “Moreover, BLM asked the operator to put up only a $3,000 bond to reclaim the area. This bond is not even going to approach the real cost of reclamation to Wild and Scenic standards.” Comments from BLM officials and a recent Environmental Assessment acknowledge that the gravel mine has had detrimental impacts to the Wild and Scenic River. “We know that BLM is concerned about this problem, and I am hopeful that we can come to a quick resolution of the issues,” Brian Shields said in the press release. In the lawsuit Amigos Bravos is asking that BLM stop all mining operations at the site, that BLM fund and oversee full reclamation of the mine site, and that BLM not permit future mining in or adjacent to the Wild and Scenic River area. Reclamation of the gravel mine will provide a number of benefits to New Mexico including the protection of ground and surface water, wildlife habitat, and the scenic beauty of the Río Grande Gorge area. In addition there will be the direct e Mining at the site has ceased.

 

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