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Massey Energy Faces Legal Challenge for Clean Water Act Violations
Case Updates:
April 27, 2010
On April 27, Sierra Club and its coalfield allies took legal action to hold five coal companies -- all subsidiaries of Massey Energy -- accountable for thousands of violations of the Clean Water Act and surface mining laws associated with mining operations in West Virginia.
Sierra Club, Ohio Valley Environmental Coalition, Coal River Mountain Watch, and the West Virginia Highlands Conservancy are pursuing Massey and its subsidiaries in the Southern District Court of West Virginia for allegedly violating permit limits by dumping aluminum into waterways from as many as 16 mines covered by seven Clean Water Act permits in West Virginia. Very high aluminum levels can be toxic to fish and other aquatic life and have been linked to bone and brain diseases such as Alzheimer's and Parkinson’s disease. Studies have also shown that high aluminum levels pose serious risks for people living with kidney disease.
The Massey subsidiaries involved are the Elk Run Coal Company, Independence Coal Company, Marfork Coal Company, Peerless Eagle Coal Company, and Power Mountain Coal Company. Some of the mines are also violating permit limits for other pollutants including iron, pH, and suspended solids. In total, these mines racked up approximately 3,300 days of permit violations in the period from April 2008 through December 2009. All of these violations appear to be ongoing.
In January 2008, Massey agreed to pay $20 million in penalties to settle claims brought by the federal government over pollution from its coal mines in West Virginia and Kentucky. The government had identified over 60,000 days of violation during the period from January of 2000 through March of 2006.
"It’s high time Massey started paying the costs of its coal operations," said Jim Sconyers, Chair of the Sierra Club's West Virginia Chapter. "Our streams and communities are sick of having Massey pass the costs of coal mining on as toxic pollution."
Details and Documents:
Sierra Club et al. Complaint for Declaratory and Injunctive Relief and for Civil Penalties
April 27, 2010, USDC, Southern District of West Virginia
Massey Energy Faces Legal Challenge for Clean Water Act Violations
April 27, 2010, Sierra Club Press Release
News Articles:
New water pollution suit filed against Massey
April 27, 2010 by Ken Ward Jr., The Charleston Gazette
Suit alleges pollution from Massey's W.Va. mines
April 27, 2010 by Patrick Reis, E&E News
Sick Streams: Environmentalists Mass Against Massey
April 28, 2010 by Bill DiBenedetto, triplepundit.com
More Info:
See other "Stopping Mountaintop Removal and Other Destructive Mining" cases.