Friday, June 21, 2013

Environmentalists Sue Landowners Over Pollution From Closed Coal Mines


The damage to people, communities, and the environment have always long outlasted the life cycle of a surface mine. What I recall from growing up in West Virginia were dozens of scarred landscapes from mines that had been abandoned ten or even twenty years earlier. Waterways suffer long after a mine closes. As I wrote in a previous blog, as a schoolchild I remember passing over a very polluted Simpson Creek. The acid mine drainage that stained the rocks and sand in the creek a rusty orange and killed all the fish was from mines that had been closed years before.
            Now, in a move that is intended to address this mining legacy, three environmental groups are suing the Pocahontas Land Corporation and Hernshaw Partners LLC over alleged violations of the Clean Water Act in a U.S. District Court in Huntington, West Virginia. The environmental groups—The Ohio Valley Environmental Coalition, the West Virginia Highlands Conservancy, and the Sierra Club— say in their lawsuit that pollution still flows from two former mines in Mingo County that are owned by the companies, even though the mines were “reclaimed.” The reclamation of these mines entailed cleaning them up and planting them with vegetation. The environmental groups say that state and federal regulators are not working to end the pollution, so the landowners should be held responsible. The lawsuit demands monitoring and sampling, a restoration program, and a judge to fine the defendants $37,500 per day for each violation.
            When they wrote the Surface Mining Control and Reclamation Act in the late seventies, it was supposed to mitigate the damage to the environment that I grew up with. That never really happened. The enforcement of SMCRA in the past has been lax to nonexistent.[i] And the West Virginia Department of Environmental Protection (DEP) has in the past been exceptionally negligent in fulfilling its protection of West Virginia and its people. In the late nineties investigative reporter Ken Ward uncovered that the department did not know the number of acres permitted for mountaintop removal. The DEP could not even provide to Ward the number of permits that it has granted for mountaintop mining.[ii] Given the even worse track record of the second Bush administration, I have no reason to hope that things have changed much in the last fifteen years.
            With the failure of the regulatory framework for surface coal mining, this move by environmental groups is an obvious and wise move. Whether it is the coal companies or the landowners, somebody should be responsible for what they are doing to Appalachia and Appalachians.


[i] Loeb, Penny “Shear Madness,” US News and World Report (August 3 1997)
[ii] Ward, Ken “Flattened,” Charleston Gazette, 9 August 1998

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