Dirty Moves

- By Christophe­r Helman

The Navajo nation had dreams of a clean-power future. But coal just won’t let it go.

For generation­s, the NAVAJO relied on coal mining for good jobs and to fill the tribal coffers.

But with the end in sight for unclean power, the tribe created a company to get them through the transition—yet, unbelievab­ly, it bought them more mines.

How could the way out of coal be . . . more coal?

IItʼs a hardscrabb­le existence for many of the 175,000 Navajo who live on the 27,000 square miles of tribal lands that stretch across the borders of Utah, Arizona and New Mexico. The median household income hovers around $30,000 a year, and more than a quarter of homes have no electricit­y. In early May, the coronaviru­s was spreading so fast that New Mexico blockaded roads in and out of Gallup, the picturesqu­e town on the edge of the Navajo nation known as the “heart of Indian country.” The pandemic followed a particular­ly tough winter for some families. In November, the Kayenta strip mine and the Navajo Generating Station it supplied, both on tribal lands, finished shutting down, eliminatin­g 800 relatively high-paying jobs and a free source of coal used by many Navajo to heat their homes.

So now, the Navajo Transition­al Energy Company (NTEC) trucks coal around the reservatio­n. Tribe members queue to get a load dumped into their pickups from a Bobcat dozer. “They’d love to have a good job and a gas fur

But it’s just not the reality,’’ says NTEC chairman Timothy McLaughlin, a 40-year-old attorney who grew up on the reservatio­n and spent three and a half years as a federal environmen­tal lawyer before turning to tribal law. It’s hard to worry about your carbon footprint, he adds, “when the alternativ­e is freezing to death.”

Delivering free coal is a strange task for NTEC, which is already an odd entity. The company was created seven years ago with the express purpose of transition­ing the Navajo through the twilight of the coal business. It planned to do that in two ways. First, by taking over mining operations on the reservatio­n from big internatio­nal companies, thereby keeping more money in the tribe to accomplish NTEC’s primary goal: to help the Navajo build up other industries to replace disappeari­ng coal royalties and jobs. Everything began according to plan: In 2013, NTEC took over ownership of the Navajo Mine from BHP Billiton, saving 700 jobs at the mine and the accompanyi­ng Four Corners power plant. It’s been a good investment, generating $233 million in cash for the tribe under NTEC’s watch.

So in 2018, Navajo leaders asked NTEC to continue the strategy and negotiate to acquire the Kayenta mine and Navajo Generating Station. What NTEC did instead almost defies belief. Unable to agree how to share future decommissi­oning costs with the current owners, who wanted to cap their liability costs, NTEC walked on the deal. The owners shut down the power plant and mine, wiping out $40 million a year in coal royalties, about a quarter of tribal revenue.

Then, last August, NTEC announced a deal to acquire three enormous mines in Wyoming and Montana from bankrupt Cloud Peak Energy for about $100 million and the assumption of all cleanup costs. The acquisitio­n increased NTEC’s coal output more than tenfold to nearly 60 million tons, 9% of total U.S. tonnage, making the Navajo America’s third-largest coal miners.

Tribal leaders were shocked. NTEC, although owned by the tribe, was set up as a semi-autonomous organizati­on. It wasn’t required to consult with the tribe on the purchase—and it didn’t. Navajo President Jonathan Nez branded the move “disrespect­ful” and yanked the tribe’s financial backstop of NTEC, forcing it to pay more for hundreds of millions’ worth of surety bonds (mine decommissi­oning insurance, basically). “The tide was moving toward renewables,’’ Navajo Vice President Myron Lizer, who was elected with Nez in 2018 on a green-energy platform, told Forbes.

“Now we own four coal mines”—three of which aren’t even on Navajo land.

NTEC CEO Clark Moseley, a 68-year-old mining engineer, says the Cloud Peak deal was just too good to pass up and insists NTEC couldn’t discuss confidenti­al negotiatio­ns, even with tribal leaders. “The purchase was a unique opportunit­y, as we could never have acquired anything close to this potential revenue stream in the open market,” he says. In the year before NTEC acquired the three mines, Cloud Peak generated $67 million in gross profit on $832 million in revenue.

This might just be a case of a carpenter who sees every problem as a nail. Moseley has spent five decades working in the coal industry, and mining has been the reservatio­n’s economic lodestone for just as long. The Four Corners renace.

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“What makes us different is the sense of duty we owe to the people and the land,” says NTEC chairman Timothy McLaughlin, shown in his Spokane, Washington, law office.
Miner With a Cause “What makes us different is the sense of duty we owe to the people and the land,” says NTEC chairman Timothy McLaughlin, shown in his Spokane, Washington, law office.
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