Posts Tagged ‘Clean Water Act’

Great News for Clean Water in Virginia!

Friday, July 18th, 2014 - posted by eric

A two-headed trout deformed by selenium pollution.

Last week a federal judge upheld a previous decision requiring a Virginia coal company to get a permit for their discharges of toxic selenium.

Selenium is a mineral that is extremely toxic to fish and other aquatic life at very low levels. It is commonly discharged from many coal mines and coal ash ponds. Even in small amounts, selenium causes deformities, reproductive failure and even death in fish and birds. Even though its toxic effects and prevalence in coal mine discharges are well known, this is the first mine in Virginia that will be required to monitor and obtain a permit for its selenium discharges.

Water testing done by Southern Appalachian Mountain Stewards (SAMS) revealed that A&G Coal Corporation’s Kelly Branch Surface Mine was discharging selenium in toxic amounts. So in 2012, Appalachian Voices, SAMS and the Sierra Club, represented by Appalachian Mountain Advocates filed suit against A&G for illegal discharges of selenium.

EPA is currently revising their national standards for selenium. If implemented, their new draft standards will make it more difficult for citizens groups protect streams they care about through legal actions like this one.

A&G Coal Company is owned by billionaire, frequent political campaign contributor and coal baron James Justice.

Last year, a federal judge ruled in our favor and ordered A&G to begin daily selenium monitoring and to apply for a permit from the Commonwealth of Virginia to cover its selenium discharges. A&G appealed that decision with the support of a number of industry groups including the National Mining Association, the Virginia Coal and Energy Alliance, the Virginia Mining Association, the Virginia Mining Issues Group, the American Petroleum Institute and several others. That appeal failed last week.

A&G claimed that their current water discharge permit provided them a “permit shield.” Basically, since they were meeting the terms of their current permit, they were shielded from any liability for other water pollution not included in that permit.

In his decision federal district judge James P. Jones disagreed. The decision states that the validity of a “permit shield” is a two-prong test, requiring that a permittee disclose the presence of the pollutant in its permit application, and that the state agency considers that pollutant. If you fail one prong then you lose the shield. In this case A&G never disclosed the presence of selenium in their permit application, and there is no evidence that Virginia considered selenium pollution, so the company failed both parts of the test. The decision concludes:

To allow the [permit shield] defense in these circumstances would tear a large hole in the [Clean Water Act], whose purpose it is to protect the waters of Appalachia and the nation and their healthfulness, wildlife, and natural beauty.

Today’s court decision and what it means for Appalachia

Friday, July 11th, 2014 - posted by thom

good_day_for_mtns2

Today was a big day for those fighting to end mountaintop removal coal mining in Appalachia.

A federal appeals court has reaffirmed the U.S. Environmental Protection Agency’s authority to coordinate with the U.S. Army Corps of Engineers when reviewing Clean Water Act permits for mountaintop removal mines. The court also ruled that the EPA’s guidance on conductivity is not a final rule and therefore is not subject to legal challenge.

Read a statement from Appalachian Voices Executive Director Tom Cormons.

In 2009, the EPA and the Army Corps of Engineers began an Enhanced Coordination Process for permitting valley fills associated with large-scale mountaintop removal mining. The process encouraged improved coordination between the two agencies and greater scrutiny of the environmental impacts of each valley fill permit before them.

But as you probably know, the environmental impacts of valley fills are inherently damaging. Just last week, a major study from the U.S. Geological Survey (USGS) found that headwater streams beneath valley fills in southern West Virginia had two-thirds fewer fish than normal streams. Keep in mind that those Appalachian streams are the headwater streams for the drinking water of millions of Americans. Appalachian Voices was also curious about the potential economic impacts of coal pollution and found that there are a lot more jobs supported by the sportfishing industry in Appalachia than surface coal mining jobs — about seven times as many.

The second part of the court decision was related to the EPA’s guidance on conductivity. Conductivity is a measure of metals and salts in water, and elevated levels are toxic to aquatic life. The USGS study also confirmed that conductivity levels below mountaintop removal valley fills are almost always elevated, damaging waters throughout the region.

The EPA released its guidance on conductivity pollution just over four years ago. At the time, then-EPA Administrator Lisa Jackson claimed that “either no or very few valley fills are going to meet standards like this.”

In order to “end coal mining pollution,” as she put it, the EPA was going to use its authority to restrict mountaintop removal valley fills, and thus significantly reduce the amount of mountaintop removal mines in Appalachia. While the guidance would not have put a much-needed permanent end to mountaintop removal, it was an enormous step.

The coal industry fought the guidance with everything that had. Their allies on Capitol Hill held hearings to put political pressure on the EPA to stand down, while industry lawyers simultaneously took the agency to court.

Two years after the guidance had been proposed, it was thrown out by a U.S. District Court. With one bad court decision, EPA’s job to end coal mining pollution was made a lot harder.

Meanwhile, the EPA Region 4 office, which oversees Clean Water Act permitting for Kentucky and other southeastern states, has been ignoring both the guidance and the rigorous science on which it was based. They continue to approve permits for valley fills, including six at one massive mine that got the agency’s OK just last year.

But on Friday, the U.S. Court of Appeals turned the tables. The panel of judges concluded that the guidance stands, as it is not a final rule, and therefore is not subject to legal challenge. Furthermore, they confirmed, and in fact encouraged, the EPA’s enhanced coordination process.

The EPA has the legal authority, scientific evidence, and moral obligation to block every mountaintop removal valley fill permit that comes through its doors. We all share the responsibility of making sure it does just that.

Learn more about Appalachian Voices’ work to end mountaintop removal.

Take Action: Protect Appalachian Streams from Toxic Selenium

Wednesday, June 11th, 2014 - posted by eric

The U.S. Environmental Protection Agency recently proposed new national recommended water quality criteria for selenium. Because these new standards are weaker and more complex than the current standards, they pose a major threat to the health of streams in coal-impacted communities.

Selenium is a pollutant released from many mountaintop removal coal mines in Appalachia that is extremely toxic to fish at very low levels. Over time, it builds up in fish and other aquatic organisms leading to reproductive failure, deformities and death.

The EPA’s proposed standards are too weak to be protective of aquatic life. Studies have shown negative effects of selenium at levels half as high as the fish tissue standards proposed by the agency. These standards are even weaker than those proposed by the EPA in 2004, which were withdrawn after public comments from agencies and scientists demonstrated that they would not protect aquatic life.

A table of current and proposed EPA selenium standards. Click to enlarge.

By partially basing the standards on fish tissue sampling, the EPA has created a significant burden for citizens and agencies trying to enforce the limits on selenium pollution. Fish tissue sampling will be more expensive and time consuming, and it will require special permits for collecting fish. This is especially problematic in Appalachia, where selenium standards have primarily been enforced through citizen actions. These standards will be more difficult to enforce, and will just lead to more streams being degraded.

Tell the EPA not to weaken Selenium Standards

Please take a few minutes to email ow-docket@epa.gov with the subject line “Attention Docket No. EPA-HQ-OW-2004-0019”, and let them know that we need strong water based standards for selenium, that will protect all aquatic life. The comment period has been extended through July 28, 2014.

Groups Seek Protection of Virginia Waterways from Mining Pollution

Thursday, June 5th, 2014 - posted by eric


Red River Coal Co. Violating “Last Line of Defense” Clean Water Act Protections

Contact:
Eric Chance, Appalachian Voices, 828-262-1500 eric@appvoices.org
Sean Sarah, Sierra Club, 202-548-4589 sean.sarah@sierraclub.org
Matt Hepler, Southern Appalachian Mountain Stewards, 540-871-1564 mhepler24@gmail.com

Big Stone Gap, VA –Citizen and environmental groups today filed suit in federal court over illegal water pollution from four mines in Southwest Virginia owned by the Red River Coal Company. Virginia regulators previously determined that the South Fork Pound River, which receives the pollution from the mines, does not adequately support aquatic life. To protect the streams, Virginia imposed a “Total Maximum Daily Load” (TMDL) for mining pollutants that harm aquatic life, including total dissolved solids and total suspended solids.

Appalachian Voices, Sierra Club and Southern Appalachian Mountain Stewards filed the case in the U.S. District Court for the Western District of Virginia. The groups found that Red River is violating its permit conditions that require compliance with the state TMDL.

“These mountain streams in southwest Virginia were once known for their purity and served as a habitat for diverse species of aquatic life, but mining pollution’s changed that,” said Jane Branham of Southern Appalachian Mountain Stewards. “It is shameful that citizens must take action to address this issue, but with the failure of the Department of Mines, Minerals, and Energy to oversee and enforce laws that protect our waterways, we are left with no other choice.”

“Every coal mine in Virginia has to get a permit that limits the amount of pollution it can release, but still many streams below these mines are unsafe to fish and swim in,” said Eric Chance, water quality specialist for Appalachian Voices. “Sometimes it takes lawsuits like this one to get the state Department of Mines, Minerals, and Energy to do its job and enforce existing laws that were created to protect the health of people and streams.”

“This case highlights the failure of state regulators to stop the damaging pollution from mountaintop removal mines in our state, even after they’ve recognized the harm that pollution is causing,” said Glen Besa, Virginia Director of the Sierra Club. “Coal companies cannot police themselves and the Department of Mines, Minerals, and Energy is no help, so we feel compelled to take action in order to protect our precious streams and rivers from mining pollution.”

TMDLs are essentially the last line of defense against mountaintop removal mining pollution. Mountaintop removal mines generate high levels of total dissolved solids, which is often measured as conductivity. The Environmental Protection Agency has conducted scientific studies that found high levels of conductivity, dissolved solids, and sulfates are a primary cause of water quality impairments” downstream from valley fills and other mining operations.

The three groups filing today’s suit are represented by Isak Howell, Joe Lovett and Ben Luckett of Appalachian Mountain Advocates.

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EPA Proposal for Toxic Coal Pollutant Won’t Protect Clean Water

Thursday, May 15th, 2014 - posted by eric

Contact:
Eric Chance, Water Quality Specialist, 828-262-1500, eric@appvoices.org
Erin Savage, Water Quality Specialist, 828-262-1500, erin@appvoices.org
Cat McCue, Communications Director, 434-293-6373, cat@appvoices.org

Washington, D.C. – Yesterday, the U.S. Environmental Protection Agency released a draft of new national water quality standards for selenium, a toxic pollutant discharged from many mountaintop removal coal mines and coal ash ponds. Even at very low concentrations, selenium is extremely toxic to fish, causing physical deformities and reproductive failure.

EPA is proposing a more complicated system for measuring selenium. Currently, the recommended standard for selenium consists of a four-day average concentration in water of 5 parts per billion (ppb). As proposed, the new rule will primarily rely on testing for the pollutant in fish tissue, a more complex method of monitoring than stream water testing. The complexity of this new standard will make it more difficult and expensive to implement for state agencies, industries, and concerned citizens.

The new standard does include water-based testing, but increases the recommended testing period from four days to 30 days. The new standard can be adjusted for fewer days of testing, if necessary. Under that provision, the new allowable selenium concentration for a four-day time period would be seven times higher than the current standard.

A statement from Appalachian Voices Water Quality Specialist Eric Chance:

“This new selenium standard is a step backwards. The scientific community has been fairly clear for some time that the current standards were too weak, but this newly proposed standard will actually allow more selenium pollution, not less. Headwater streams below mountaintop removal coal mines in Appalachia, and the people who depend on that water, are going to suffer from this decision.”

“This new rule would make it almost impossible for citizens to exercise their rights under the Clean Water Act to protect waters they care about. Citizens would be required to collect seven times as many water samples as they do now, or they’d have to collect fish to analyze which generally requires a special permit.”

“Fish tissue standards are good for measuring the effects of selenium on fish but they don’t take into account effects on other species like birds, and they are nearly impossible to translate into limits on a Clean Water Act permit for a coal mine that discharges selenium. For these reasons, we are glad to see that EPA has included water-based standards as well, but they aren’t strong enough.”

EPA is collecting public comments on this proposed rule until June 13, 2014. Those wishing to submit comments can email ow-docket@epa.gov with the subject heading: “Attention Docket No. EPA–HQ–OW–2004–0019.”

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Appalachian Voices is an award-winning, environmental non-profit committed to protecting the natural resources of central and southern Appalachia, focusing on reducing coal’s impact on the region and advancing our vision for a cleaner energy future. Founded in 1997, we are headquartered in Boone, N.C. with offices in Charlottesville, Va.; Knoxville, Tn. and Washington, D.C

Court Grants North Carolinians a Voice in the Coal Ash Lawsuits

Thursday, May 8th, 2014 - posted by Sarah Kellogg
A N.C. court ruled that Appalachian Voices and our allies can intervene in a state lawsuit against Duke Energy for its coal ash pollution. Photo by Waterkeeper Alliance.

A N.C. court ruled that Appalachian Voices and our allies can intervene in a state lawsuit against Duke Energy for its coal ash pollution. Photo by Waterkeeper Alliance.

This week a North Carolina Superior Court ruled that conservation groups representing the interests of communities living near coal ash ponds are able to participate in a lawsuit between Duke and the N.C. Department of Environment and Natural Resources for documented, illegal coal ash pollution at all 14 of Duke Energy’s coal plants in the state.

The Southern Environmental Law Center will represent 12 environmental groups in court, including Appalachian Voices. We will be advocating for the proper cleanup and storage of coal ash at Duke Energy’s Belews Creek Power Plant outside of Winston-Salem. Belews Creek is home to the largest coal ash pond in the state and for decades the surrounding community has suffered serious, and sometimes fatal health conditions that may be connected to heavy metals and other toxins found in coal ash. Watch our video, “At What Cost?”, to hear some of their stories.

The judge’s ruling allows Appalachian Voices, along with the Southern Alliance for Clean Energy, the Western North Carolina Alliance, Sierra Club and several riverkeepers to have access to Duke and DENR documents relating to the area they serve. It also grants conservation groups an equal voice with Duke and DENR in the court proceedings and settlement agreement. Previously, DENR proposed a sweetheart settlement requiring Duke to pay an insignificant fine of $99,000 and merely study the illegal pollution at two of its coal plants. Due to public pressure, DENR has since retracted that settlement proposal.

The ruling is an important step forward for communities long overburdened with coal ash pollution. “It’s essential that local community groups be full parties in the enforcement actions to ensure that Duke Energy’s illegal coal ash pollution is cleaned up and that the coal ash is moved to safe, dry storage in lined landfills away from our waterways,” says Frank Holleman, senior attorney for SELC. “We’ve learned the hard way that the people of North Carolina cannot count on DENR to enforce the laws and keep our waters clean without strong pressure from conservation groups.”

Appalachian Coal Companies Face Major Fines for Clean Water Act Violations

Wednesday, March 12th, 2014 - posted by brian
Two recent federal enforcement actions against major Appalachian coal companies, Alpha Natural Resources and Nally & Hamilton, are a positive sign. But they do not solve the fundamental problem of water pollution that stems from mountaintop removal. Above, pollution water at Nally & Hamilton's Fugitt Creek mine in Harlan County, Ky.

Recent federal enforcement actions against Appalachian coal companies are a positive sign, but even record fines do not solve the fundamental problem of water pollution that stems from mountaintop removal. Above, polluted water at Nally & Hamilton’s Fugitt Creek site in Harlan County, Ky.

The Associated Press reported this morning that Nally & Hamilton, one of the largest coal companies in Kentucky, will pay $660,000 in fines for illegally dumping mining debris into Appalachian streams.

According to AP, prosecutors allege Nally & Hamilton Enterprises violated the federal Clean Water Act by dumping mining waste in streams 1,000 feet beyond the permit’s boundary at its Fugitt Creek site in Harlan County, and by dumping waste in Knott County streams surrounding its Doty Creek site before a permit was even issued.

The fine is the result of a proposed consent order in a federal district court. The order must still be signed by a judge. Declining to comment, an attorney for Nally & Hamilton simply said “the consent decree speaks for itself.”

The news comes just a few days after a settlement was reached between the U.S. Environmental Protection Agency and Alpha Natural Resources — the largest mountaintop removal mining operator in the U.S. — stipulating that the company must pay a $27.5 million fine for violations of the Clean Water Act at mines and coal preparation plants in Kentucky, West Virginia, Virginia, Tennessee and Pennsylvania. It is the largest ever civil penalty under the water pollution permitting section of law.

In addition to the record-setting fine, Alpha said it will spend approximately $200 million to install and operate wastewater treatment systems and reduce pollution discharges at its coal mines in those five states.

These types of violations are nothing new, nor are they isolated incidents. Indeed, the enforcement action against Alpha alleges more than 6,000 discharge permit violations between 2006 and last year.

The eventual settlements we’re seeing for violations stretching back years only adds to the evidence of poor enforcement at the state level, especially in those states with close ties to the coal industry.

After exposing thousands of Clean Water Act violations and fraudulent reporting by coal companies in Kentucky, Appalachian Voices and our partners sued and overcame resistance from the Kentucky Energy and Environment Cabinet in order to hold negligent mine operators accountable. Those lawsuits resulted in record-setting fines against the three largest mountaintop removal companies in Kentucky: International Coal Group, Frasure Creek Mining and Nally & Hamilton.

The media coverage of those cases in Appalachia and beyond also helped to pull back the curtain on the epidemic of lax enforcement that continues to damage mining communities throughout Central Appalachia.

While the recent pickup in federal enforcement is an extremely positive sign, as long as mountaintop removal permits are approved water quality will be at risk. Appalachian Voices’ water quality specialist, Eric Chance told the Bristol, Va., station WCYB that while coal companies can treat for some of these [pollutants], “they cannot treat for all of them, not all the time.”

Similarly, the executive director of Appalachian Mountain Advocates, Joe Lovett, told The New York Times that such deals do not solve the fundamental problem of pollution inherent in practices like mountaintop removal.

“What E.P.A. should do is stop issuing permits that it knows coal companies can’t comply with.”

Click here to learn more about Appalachian Voices’ Appalachian Water Watch program and our work to ensuring compliance with laws that protect clean water.

KY and NC: Different States, Same Recipe for Lax Clean Water Enforcement

Wednesday, February 19th, 2014 - posted by eric

Yesterday there was a hearing in Franklin Circuit Court for our ongoing challenge of a weak settlement that the state of Kentucky reached with Frasure Creek Mining. The settlement is a slap on the wrist that lets Frasure Creek off the hook for thousands of violations of the Clean Water Act, and it bears a striking resemblance to the settlement between North Carolina and Duke Energy that has come under scrutiny after the company’s coal ash spill into the Dan River.

It seems that there is a pretty standard recipe for how these Clean Water Act cases usually go:

Step 1: Citizens concerned about water quality uncover major problems.
Step 2: They form a coalition of other concerned groups and lawyers and file a 60-day notice of intent to sue (as required by law).
Step 3: Wait around for 57 to 59 days.
Step 4: On the last day of the 60 day waiting period the state agency, that has a very cozy relationship with the industry it is supposed to regulate, will come in and file a sweetheart deal with the polluter and blocks the citizens from being able to file suit.
Step 5: Citizens are then left to either try to intervene or challenge the weak settlement, but they are left with many legal hurtles and polluted water.

In North Carolina, the Department of Environment and Natural Resources blocked several citizen suits aimed at forcing Duke Energy to clean up their coal ash ponds, which have been leaching pollution into the state’s rivers and groundwater. Instead, DENR and Duke formed a settlement that came with a fine of just $99,000, and the requirement they assess pollution from their ash ponds, but nothing more. However, increased scrutiny as a result of the Dan River coal ash spill has put this settlement on hold. We can only hope that a better settlement will come out of this now.

Coal Ash in the Dan River, NC

In Kentucky, Appalachian Voices and our partners (KFTC, Kentucky Riverkeeper and Waterkeeper Alliance represented by Mary Cromer from Appalachian Citizens’ Law Center and Lauren Waterworth) have challenged the way in which this most recent settlement with Frasure Creek was reached.

The Kentucky Energy and Environment Cabinet filed a case in their own administrative court to block our suit against Frasure Creek. We were made full parties to that case but Frasure Creek and the Cabinet entered a weak settlement without our agreement anyway. Basically, we are arguing that excluding us violates due process rights and the settlement is invalid because you can’t have a valid settlement without the agreement of all the parties.

One of the main excuses the cabinet gave for cutting such a nice deal for Frasure Creek was their supposed financial problems, but they completely ignored the fact that Frasure Creek is owned by Essar Group, a giant, multi-billion dollar company, owned by a family of billionaires. Frasure Creek entered bankruptcy, but it was recently bailed out with $150 million from Essar.

This is the second of two outstanding cases we have in Franklin Circuit Court against Frasure Creek. The first began in 2011 and challenges a settlement that was based on false water monitoring data that we uncovered. After that case began, Frasure Creek started using a reputable lab and submitting more accurate water monitoring reports. Those new reports showed lots of water pollution violations, and those are the basis for the case that was at issue yesterday.

At the hearing yesterday, the judge asked a lot of good questions, and we are hopeful that he will do what is right for the water and people of Kentucky.

In all these cases it seems like the key to getting state agencies to do their job is attention from the press and scrutiny from the public. When it comes to corruption, it’s often said sunlight is the best disinfectant.

OSM Investigates WV Mining Law Enforcement

Friday, February 7th, 2014 - posted by Kelsey Boyajian

By Brian Sewell

The federal Office of Surface Mining Reclamation and Enforcement announced on Dec. 30 that it will investigate West Virginia’s surface coal mining regulatory program.

The announcement comes six months after the Citizen Action for Real Enforcement campaign — a coalition of 18 state and national organizations — held a press conference and delivered a nearly 100-page petition to the OSM’s Charleston, W.Va., office. The petition alleges that the state’s chronic failure to enforce the Surface Mine Control and Reclamation Act of 1977 demands federal intervention.

Of the 19 complaints included in the petition, OSM will investigate five, including flooding caused by runoff, surface mining law violations on sites where Clean Water Act violations exist, and parts of the state’s reclamation program.

Criticism of inadequate regulation at the state level escalated after the coal-processing chemical spill by Freedom Industries left 300,000 West Virginians without safe water. The groups have drawn attention to the spill to strengthen their case against the DEP.

A petition on MoveOn.org by the CARE Campaign to the Office of Surface Mining demanding an enforcement program “that is accountable to the people of West Virginia” had more than 28,000 signatures at the end of January.

Southeastern States May Need to Reduce Air Pollution

By Kimber Ray

The Supreme Court heard arguments this past December on the U.S. Environmental Protection Agency’s Cross-State Air Pollution Rule, a case that has been debated for more than two years.

The challenges of addressing interstate air pollution have confounded regulators for decades. Due to natural wind patterns, pollution from upwind states — particularly Rust Belt and Appalachian states — typically blows downwind into the Northeast, where it results in federal air pollution fines and rising healthcare costs.

The rule seeks to address the fact that downwind states have needed to install more expensive pollution controls than upwind states in order to deal with their neighbors’ wind-borne pollution. Federal regulations would be based on cost-effectiveness rather than measured contribution to pollution. This would allow the EPA to impose regulations on upwind state industries where control mechanisms may cost less than $500 per ton of pollution, versus upwards of $10,000 in downwind states.

Although a federal appeals court ruled in 2012 that a cost-based approach to regulation exceeded the authority of the EPA, the Supreme Court is reconsidering the case in light of the complexity of interstate air pollution. The Washington Post and The Wall Street Journal reported that the court appears inclined to rule in favor of the EPA. A final decision is expected in June.

Municipal Water To Reach Most Families Along Mill Creek

By Molly Moore

The 94 families living along Mill Creek in Letcher County, Ky., have gone years without safe water for drinking or household use due to water pollution from poorly reclaimed coal mines. Due to persistence on the part of local activists, however, 70 families now have municipal water and another 23 are slated to receive water lines.

Elaine Tanner, a resident at Mill Creek, has been meeting with state and federal officials for 10 years in her push to get clean water to the area. Water testing by the Sierra Club, Appalachian Voices and Kentuckians For The Commonwealth revealed illegally high levels of arsenic and other toxins in residents’ wells.

Tanner and allies filed a petition for new funding under the federal Safe Drinking Water Act in February 2013. Despite the progress, one residence on the other side of a railroad route was not included in the recent arrangement so Tanner is continuing the effort.

Fighting for Clean Water in Virginia: Standing up to Coal Industry Bullies

Tuesday, January 28th, 2014 - posted by eric
Kelly Branch

Kelly Branch and several other tributaries of Callahan Creek, near the town of Appalachia Virginia are the subject of a new lawsuit for selenium pollution. (Photo: SAMS)

Today, Appalachian Voices along with our allies in Virginia filed a lawsuit against Penn Virginia for water polluted by selenium coming from abandoned mines on their land. This lawsuit is one in a series of suits aimed at cleaning up selenium pollution in Callahan Creek.

Callahan Creek flows south through a series of small communities and into the town of Appalachia in Wise County, Va. Along the way it passes a number of coal mines including the Kelly Branch Mine and the Stonega Slurry Impoundment. Last year, the same group of allies initiating this lawsuit filed legal actions for selenium pollution against the operators of both of those facilities. The operator of the Kelly Branch Mine, A&G Coal, submitted a report in response showing that much of the pollution in streams surrounding that mine was coming from old mines on Penn Virginia-owned property. That report is the primary basis of the lawsuit filed today.

Water monitoring by Southern Appalachian Mountain Stewards (SAMS) has shown that there are major selenium problems in Callahan Creek and its tributaries including Kelly Branch. Selenium is extremely toxic to fish at very low levels. It causes reproductive failure, deformities and death.

This two headed trout was deformed by selenium pollution.

Pennsylvania-based Penn Virginia owns nearly one-quarter of the land in Wise County and is the county’s largest landholder. Essentially, landholding companies like Penn Virginia operate by leasing their land to mining, natural gas and timber companies and collecting royalties from those companies. Once mines are abandoned, many continue to pollute nearby streams. Currently in Virginia, these types of pollution discharges are not regulated, so there is no one treating or monitoring them. These legacy mining discharges are a major source of pollution in Southwest Virginia and throughout Appalachia, but no one wants to claim responsibility for them. Through this lawsuit we hope to force large landholding companies like Penn Virginia to take responsibility for the pollution coming from the lands they own.

As required by the Clean Water Act, before filing this lawsuit we filed a Notice of Intent to Sue letter in late 2013. The purpose of such letters is to give polluters and state agencies a chance to address the pollution problems before a lawsuit is filed. Rather than trying to fix their pollution problems, Penn Virginia instead chose to use bully tactics and threaten members of SAMS. The company sent cease and desist letters to several members of SAMS banning them from entering Penn Virginia land that includes a family cemetery and a church that several of them attend.

The Sierra Club, Appalachian Voices and Southern Appalachian Mountain Stewards are represented in this matter by Joe Lovett and Isak Howell of Appalachian Mountain Advocates.

>> Find out more from our press release here
>> Read the legal filing here