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This news article originally provided by
The
Charleston Gazette
Three West Virginia environmental groups want to intervene in a
lawsuit filed by federal regulators over thousands of alleged water
pollution violations at Massey Energy operations.
On Tuesday, lawyers for the West Virginia Highlands Conservancy,
the Ohio Valley Environmental Coalition and Coal River Mountain
Watch asked U.S. District Judge John T. Copenhaver Jr. to allow them
to join the case.
Lawyers for the groups told Copenhaver they would bring to the
case “valuable local experience and knowledge as leaders in citizen
efforts to protect West Virginia’s land and water resources from the
damaging effects of coal mining.”
The motion was filed on the groups’ behalf by lawyers Joe Lovett
of the Appalachian Center for the Economy and the Environment and
Jennifer Chavez of Earthjustice.
U.S. Department of Justice lawyers filed the suit on May 10 on
behalf of the federal Environmental Protection Agency over alleged
pollution violations at Massey operations in Southern West Virginia
and Eastern Kentucky.
EPA alleges that discharge reports filed by Massey show water
pollution violations on 69,071 days over the last six years.
Also, EPA alleges nearly 2,500 other violations cited by state
inspectors.
The lawsuit seeks monetary penalties and a court order against
further violations.
Lawyers for Richmond, Va.-based Massey have until mid-July to
answer the civil lawsuit’s allegations.
In prepared statements, Massey has already responded that EPA has
overstated the violations, that its environmental performance is
improving and that most of the citations listed in the suit caused
little if any water quality damage.
Environmental group lawyers said they were concerned federal
regulators could settle the case in a manner that allows Massey to
“proceed with certain actions that degrade water quality.” Such a
settlement, the conservancy said, could block any citizen lawsuit to
force tougher action against Massey.
“Though proposed interveners and [EPA] share the general aim of
enforcing [Clean Water Act] effluent limitations and permit
requirements and halting unpermitted pollutant discharges, their
interests may diverge on subsequent issues,” the environmental group
lawyers said.
To contact staff writer Ken Ward Jr., use e-mail or call
348-1702.
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