CHARLESTON, WV.  In the U.S. District Court in Charleston, WV, four environmental groups have filed a lawsuit against five Massey Energy Co.  subsidiaries for illegal water pollution.

(Typical high-iron runoff from a mountaintop removal mine site in Kentucky.  Photo:  Matt Wasson, ilovemountains.com.)

Plaintiffs: Sierra Club, West Virginia Highland Conservancy, Ohio Valley Environmental Coalition, and Coal River Mountain Watch.

Defendants: Elk Run Coal Co., Independence Coal Co., Marfork Coal Co., Peerless Eagle Coal Co., and Power Mountain Coal Co.

(U.S. District Courthouse, Charleston, WV.  Photo:  Southern District of West Virginia.)

Massey’s entities are accused of discharging of aluminum, pH, suspended solids, and iron into waters near their mining sites, in excess of limits set by the Clean Water Act (CWA), Surface Mining Control and Reclamation Act (SMCRA), and the National Pollutant Discharge Elimination System (WV/NPDES).

The complaint reads,

Between April 10, 2008, and December 31, 2009, Defendants have accrued at least 3,307 days of violations of the CWA and SMCRA through 255 unlawful discharges at the Outfalls that are the subject of this Complaint.

It is seeking “declaratory judgment…injunctive relief…[and] civil penalties” against the violators.

Derek Teaney, an attorney with the Appalachia Center for the Economy and the Environment, will be representing the plaintiffs.

(Derek Teaney.  Photo:  Johnny Kilroy.)

This action comes nearly four months after the Plaintiffs gave their notice and intent to sue.  It’s a citizen’s suit, which is provided for under CWA (33 U.S.C. § 1365) and SMCRA (30 U.S.C. § 1270). 

More than sixty days have passed since notice was served and neither EPA, OSMRE, nor WVDEP has commenced or diligently prosecuted a civil or criminal action to redress the violations.

As is usually the case in West Virginia, federal regulators are not enforcing the law but environmentally vigilant citizens are stepping in to do so. 

(“Very troubling…very trouble…”  Photo:  Focus Features.)