Massey Energy Threatened With Law Suit

A coalition of groups, including the Sierra Club, Ohio Valley Environmental Coalition, Coal River Mountain Watch, and the West Virginia Highlands Conservancy took legal action Monday to hold coal giant Massey Energy (NYSE: MEE) accountable for what they say are more than 12,000 violations of the Clean Water Act and surface mining laws associated with their mining operations in West Virginia.

"Massey continues to illegally dump pollution into Appalachian
waterways despite a massive $20 million fine already placed on the
company for thousands of previous violations," Sierra Club said in a
release.

The groups said if Massey does not bring itself into full compliance with permit requirements within 60 days, they will file suit seeking civil penalties.

"Massey has operated outside the law for far too long. There is a history here, not only of Massey ignoring the law, but of state officials ignoring Massey’s violations," said Judy Bonds of Coal River Mountain Watch. "Massey needs to be held accountable for these very real crimes against the people of Appalachia."

In 2008 the company was fined $20 million for Clean Water Act violations, similar to those cited by the coalition, after the federal government documented over 4,600 cases of pollution being illegally dumped into local waters by Massey and its subsidiaries.

Massey’s violations have increased in frequency since its settlement with the federal government, Sierra Club said.

"Massey seems to think that poisoning water by consistently ignoring laws is an acceptable business practice. The West Virginia Department of Environmental Protection seems to agree, as they continue to allow these violations. We are forced to do the agencies job, to hold Massey accountable," said Diane Bady of the Ohio Valley Environmental Coalition.

Massey and its subsidiaries operate dozens of mountaintop removal and other large-scale surface mines in Appalachia, using some of the most environmentally devastating types of mining, flattening the landscape and burying miles of streams. Close to 2,000 miles of streams have already been lost and new proposed mountaintop removal permits could destroy more than 60,000 acres of the remaining forest.

A report in the most recent addition of the journal Science calls for a moratorium on all montaintop removal mining practices.

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