Lexington Coal held in contempt for third time for continuing to violate federal court order to stop polluting West Virginia streams

FOR IMMEDIATE RELEASE:
November 7, 2024

CONTACT
Dan Radmacher, Media Specialist, (540) 798-6683, dan@appvoices.org 
Christine Ho, christine.ho@sierraclub.org 

HUNTINGTON, W.Va. — Today, the U.S. District Court for the Southern District of West Virginia held Lexington Coal Company in contempt for the third time for the company’s ongoing refusal to address the environmental damage caused by its coal mining operations in Appalachia. 

For years, Lexington Coal Company has discharged toxic pollutants like selenium and other ions into nearby streams from two mines in Mingo County. As a result, the Sierra Club joined with regional environmental groups Appalachian Voices and the West Virginia Highlands Conservancy to sue Lexington for its ongoing violations of the Clean Water Act and Surface Mining Control and Reclamation Act. The groups are represented by lawyers from Appalachian Mountain Advocates.

Today, the court held that Lexington Coal’s “disrespect for the environment and this Court’s orders has permeated every stage of this litigation.” Appalachian Mountain Advocates lawyers had gone to court on Sept. 25, 2024, to argue for additional contempt sanctions.

In March 2021, the court decided that Lexington Coal Company was liable for numerous violations of the Clean Water Act and federal surface mining laws resulting from two of its mining operations in Mingo County. In December 2021, the court ordered the company to clean up the affected streams and stop its illegal water pollution. 

In May 2022, the court held Lexington Coal Company in contempt for the company’s failure to provide an adequate plan to correct its multiple violations. In November 2023, the court held the company in contempt for a second time for its repeated failures to produce a sufficient plan. Meanwhile, Lexington has continued to discharge toxic selenium and other pollution into the streams near its mines, and Appalachian streams continue to suffer the consequences of the company’s inaction. 

Today the court rejected Lexington’s excuses for its failures, stating that if the company “is under the impression that it can cobble together last-minute, ineffective plans and declare that it has accomplished the court’s orders, it is severely mistaken.” To motivate the company to take its obligations to the court seriously, the court levied $50,000 in coercive contempt sanctions and required Lexington Coal to fund a $100,000 reserve account to be dedicated to pollution treatment and remediation. The court also required Lexington Coal Company to hire competent engineers to ensure the company complies with federal laws. 

Statement from James Kotcon, Chair of the Sierra Club West Virginia Chapter:
“The law requires companies to abide by a simple principle: You must clean up the mess you make. For years, Lexington Coal has dragged its feet on that task and failed to stop polluting Mingo County streams. The pollutants they’ve discharged into the water have completely devastated ecosystems.

“Lexington Coal Company has made it clear that it has no respect for our courts and our laws. It has blatantly ignored legal mandates and shirked responsibility for years. Its flagrant disregard for our legal system, and more importantly, the community in which it mined and profited off of, is unacceptable and reprehensible. The company must be held accountable for its actions and take full responsibility for repairing the environmental damage it caused.”