Court Ruling Finds Conductivity Pollution from Mountaintop Removal Coal Mines Violates Water Quality Protections

A critical court ruling has deemed that conductivity pollution from two mountaintop removal coal mines in West Virginia violates key state and federal water quality protections. The decision, following a multi-day trial and extensive briefing, rejects every defense and expert opinion put forward by the mining industry. The action was brought against Fola Coal by Ohio Valley Environmental Coalition, Sierra Club, and West Virginia Highlands Conservancy.

Key Takeaways:

• The US District Court for the Southern District of West Virginia found that Fola Coal, a subsidiary of Consol Energy, violated key state and federal water quality protections by discharging high levels of conductivity pollution into tributaries of Leatherwood Creek.
• The court's decision rejects every defense and expert opinion put forward by the mining industry, and marks the third time a federal court has ruled that West Virginia surface coal mines are causing serious stream impairment.
• Citizen enforcement has shown that the science is clear and that mine discharges have devastating effects on aquatic life, with more than 60% of the land area in the Leatherwood Creek watershed permitted for coal mining.
• The U.S. Environmental Protection Agency has estimated that nine out of 10 streams downstream from valley fills associated with coal mines are biologically impaired.
• The court's post-trial decision demonstrates the continuing need for citizen enforcement to protect water quality from this harmful mining pollution.
• Fola Coal's mines are located in Nicholas and Clay counties, and dump mine waste into valley fills located in tributaries to Leatherwood Creek.
• The ionic pollutants at issue are discharged by virtually every mine in Appalachia that utilizes valley fills, and are extremely expensive to treat.

Statistics:

• 60% of the land area in the Leatherwood Creek watershed has been permitted for coal mining (Source: Ohio Valley Environmental Coalition)
• 9 out of 10 streams downstream from valley fills associated with coal mines are biologically impaired (Source: U.S. Environmental Protection Agency)
• 3 times a federal court has ruled that West Virginia surface coal mines are causing serious stream impairment (Source: Public Justice)
• 3,500 valley fills in Appalachia have been identified, with many more likely to exist (Source: Sierra Club)

Sources:

• United States District Court for the Southern District of West Virginia
• Ohio Valley Environmental Coalition
• Sierra Club
• West Virginia Highlands Conservancy
• U.S. Environmental Protection Agency
• Public Justice
• Appalachian Mountain Advocates