Pablo Willis, pablo.willis@sierraclub.org
Charleston, WV -- Yesterday, the federal district court for the Southern District of West Virginia ruled that the Justice Group’s Red Fox coal mine was liable for more than 3,000 Clean Water Act violations. The lawsuit brought by the West Virginia Highlands Conservancy, Ohio Valley Environmental Coalition (OVEC), Appalachian Voices, and the Sierra Club contends that the mine was liable for exceeding its required discharge limits. The groups were represented by attorneys with Appalachian Mountain Advocates and Public Justice.
The coal mine is located in McDowell County, WV and owned by the family of Governor Jim Justice. The ruling validates community members’ concerns that the mine seriously exceed water discharge limits for the toxic pollutant selenium. The mine discharged this dangerous chemical into the tributaries of Jacob’s Fork, which itself discharges into the waters of the Tug Fork River. The court will next rule on what the company will have to do to address the pollution, and how much of a fine it will have to pay. A trial on those issues is set for September 23.
Karan Ireland, West Virginia Sierra Club’s Senior Campaign Representative, released the following statement:
“ Today’s ruling by the federal district court vindicates our contention that the coal mine owned by the Governor’s family blatantly disobeyed clean water requirements and illegally discharged excess chemicals into West Virginia’s waterways. It’s now critical that the court ensure proper cleanup and penalty for the pollution discharged into our waterways.”
Cindy Rank, West Virginia Highlands Conservancy, released the following statement:
“West Virginia, our waters, and our communities are particularly vulnerable to violations of the Clean Water Act by any coal company no matter how well connected that company might be. We are grateful to the court for holding Bluestone Coal accountable for its activities that pollute waters so essential to life in West Virginia.”
Vivian Stockman, Executive Director of the Ohio Valley Environmental Coalition, released the following statement:
“Sadly, it’s unsurprising that a coal company shows no regard for laws written to protect people and the environment from the way it would prefer to go about its business. In West Virginia, it’s not even surprising that the coal company in question is owned by the family of our governor. Thankfully, it is also unsurprising that the courts continue to uphold their obligation to impartially and fairly apply the law, no matter the power and wealth of the defendant. Next we await meaningful penalties and clean-up solutions.”
Erin Savage, Senior Program Manager at Appalachian Voices, released the following statement:
“West Virginia’s rivers are one of the state’s most important natural resources – providing drinking water, recreation, and wildlife habitat. Unfortunately, coal companies have been polluting rivers for far too long. We hope this will be a step toward cleaner public water for West Virginians.”
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3.5 million members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.