Groups Take Legal Action Against Fola’s Water-Polluting West Virginia Mines

On May 24th, a coalition of environmental groups filed a federal suit to challenge the discharge of pollutants from mountaintop removal coal mine sites currently operated by the Fola Coal Company in West Virginia. This is the second time that legal action has been taken against Fola for water pollution at this site. Fola’s parent company, Consol, recently paid Southeastern Energy to take ownership of the mine because the reclamation and treatment liabilities were too high. Mine waste “valley fills” at the site discharge high levels of conductivity pollution that violate water quality standards.

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. But neither the state of West Virginia nor the EPA has taken action to require compliance and cleanup of the impaired streams. Congress authorized citizen suits under the Clean Water Act to enforce the law directly against permit violators like Fola.

“Fola is trying to pass the buck on the dangerous pollution coming from its coal mines,” said Jim Kotcon, Sierra Club’s West Virginia Chapter Chair. “The companies who mine these sites have an obligation to clean them up. Our lawsuit seeks to hold the mine operator responsible for stopping this pollution and fully reclaiming the sites.”

“For twenty years now, our organizations have been fighting the glaring illegalities involved in the government-sanctioned blowing up of mountains, burying streams and harming people who live nearby,” said Dianne Bady with Ohio Valley Environmental Coalition. “ I feel sick that a lawsuit like this is still absolutely necessary. Fola needs to be punished for their illegal pollution.”

“Companies that continue to break the law should not get a free pass,” said Angie Rosser, Executive Director of the West Virginia Rivers Coalition. “Our streams are paying the price; as will the state and taxpayers if we’re left to clean up the mess. All we’re asking them to do is follow the law.”
The groups bringing today’s lawsuit are Sierra Club, Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy, and West Virginia Rivers Coalition. The groups are represented by attorneys with Appalachian Mountain Advocates.