As so much attention swirls around the potential environmental consequences of the rash of coal industry bankruptcies, two new lawsuits filed today by the West Virginia Highlands Conservancy and other groups provide some much needed context to that issue.
Here’s the press release, issued by the Sierra Club:
Today, a coalition of environmental and community groups filed two lawsuits in federal district courts in West Virginia to hold the state accountable for mining pollution generated from seven former mine sites now owned and managed by the WV Department of Environmental Protection (WVDEP).
When mine operators in West Virginia go out of business before they complete all of the reclamation required by law, the state becomes responsible for finishing the clean-up, including managing any water pollution coming from the site. However, coal mines continue to generate harmful water pollution long after the mines are shut down. Today’s lawsuits allege that West Virginia is violating the Clean Water Act by discharging a variety of mining pollutants at levels that exceed water quality standards and permit limits from sites in Barbour, Nicholas, and Preston counties.
The lawsuits — I’ve posted them here and here — target alleged violations at sites where the DEP holds water pollution permits as part of its troubled Special Reclamation program, where the agency treats pollution left by bankrupt mining operations, but the sites still involve some regulated discharge. In the end, what environmental groups really want is to force the state to provide more funding — hopefully from the coal industry — to ensure that discharges from these and other sites don’t violate permit limits.
Cindy Rank, mining chairwoman for the Highlands Conservancy, said:
By burying their heads in the sand these past two decades and ignoring how the looming crisis of bankrupt coal companies would further deplete the state’s inadequate Special Reclamation Fund, West Virginia lawmakers have virtually guaranteed that citizens and taxpayers will be the ones responsible for cleaning up these coal company messes.
Kelley Gillenwater, spokeswoman for the WVDEP, declined to comment on the lawsuits.