Pablo Willis, pablo.willis@sierraclub.org
Charleston, WV -- Today, the Sierra Club, Ohio Valley Environmental Coalition (OVEC), and the West Virginia Highlands Conservancy filed a federal lawsuit against the West Virginia Department of Environmental Protection (WVDEP) for its failure to comply with federal reporting requirements relating to the anticipated collapse of the state’s Special Reclamation Fund (SRF). The SRF was established to reclaim and clean up recently abandoned coal mines. The groups bringing the federal suit are represented by attorneys with Appalachian Mountain Advocates.
The WVDEP has failed to meet its obligation under federal law to notify the US Office of Surface Mining Reclamation and Enforcement (OSMRE) of the fact that the SRF is dramatically underfunded and unable to carry out its purpose of covering the costs of coal mine reclamation. This reporting requirement was triggered in March when WVDEP filed an ‘emergency motion’ during its attempt to force ERP Environmental Fund into receivership that stated assuming responsibility for cleaning up more than 100 permits would financially and administratively overwhelm the fund. Multiple additional mine operators in the state are also at risk of imminent collapse, which would only increase the burden on the Fund. Although WVDEP did send a letter to OSMRE on July 8, that letter expressly says that WVDEP does not believe there is a problem with its reclamation program.
Once West Virginia files its legally required notification with OSMRE, the state and federal agencies can begin working together to make the necessary fixes to West Virginia’s program.
Karan Ireland, West Virginia Sierra Club’s Senior Campaign Representative, released the following statement:
“As the coal industry continues to decline, West Virginians and people in communities across the country are caught in a crisis not of their own making. The WVDEP has failed to properly manage its reclamation program, which has led to a dire situation: one in which there is not enough money to clean up mines abandoned by their insolvent operators. This lawsuit ensures that state and federal agencies can no longer deny the existence of this pervasive and urgent crisis.”
Vivian Stockman, Executive Director of the Ohio Valley Environmental Coalition, released the following statement:
“From the get-go, the coal industry hasn’t cared about cleaning up its huge, toxic messes, and the WVDEP has enabled that behavior by pretending that the special reclamation fund would work to do what the industry will not. That we have to sue WVDEP to force it to come up with a plan that might really protect both communities near coal operations and the environment is indicative of how subservient the agency is to the industry.”
Cindy Rank, Chair of West Virginia Highlands Conservancy Extractive Industries Committee released the following statement:
“For years WVDEP has tinkered with its bonding program but minor changes along the way have only created a false sense of security. OSMRE for its part has more or less acceded to inadequate financial assessments by WVDEP. It’s time for both agencies to stop fiddling around. WVDEP has finally admitted to how deep the hole is, now it must honestly report to OSMRE which in turn must require REAL change which is both strong and effective.”
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.