|
|
 |
This article originally provided by
The
Charleston Gazette
By Ken Ward Jr.
Staff writer
CHARLESTON, W.Va. -- A federal judge has declined to hold Apogee
Coal Co. in contempt of court for continuing to stall the cleanup of
selenium pollution from a mountaintop removal mine in Logan County.
U.S. District Judge Robert C. Chambers turned down the contempt
motion filed against Apogee by lawyers for the Ohio Valley
Environmental Coalition and the West Virginia Highlands Conservancy.
But Chambers also indicated he is running out of patience with
Apogee, and would not be happy if the Patriot Coal subsidiary does
not live up to its promises to comply with previous court orders.
"Thus far the court has been lenient and has allowed Apogee to
proceed at its own discretion and pace," Chambers wrote in a
five-page ruling issued Monday.
"Having given Apogee the time and flexibility to obtain consulting
assistance, review and investigate alternative treatment options,
and choose its own course for compliance, the court will hold Apogee
responsible for any failure to achieve full compliance with the
installation and compliance deadlines," the judge wrote.
Chambers refused to unseal previous coal company consultant reports
that outline various selenium treatment options, but listed a
secrecy order for future such reports submitted to the court.
Environmental group lawyers are trying to force Apogee to clean up
selenium violations that state regulators have allowed to continue
unabated.
Selenium, a naturally occurring element found in many rocks and
soils, is an antioxidant in very small amounts for good health. But
in slightly larger amounts, selenium can be highly toxic. In aquatic
life, very tiny amounts of selenium have been found to cause
reproductive problems.
In 2003, a broad federal government study of mountaintop removal
found repeated violations of water-quality limits for selenium in
water downstream from mining operations. Coal lobbyists have tried -
so far unsuccessfully - to persuade lawmakers and the state
Department of Environmental Protection - to relax West Virginia's
selenium limits. Instead, the Manchin administration has been trying
to give coal operators more time to fix their violations, and
environmental groups have been fighting those delays.
As part of a separate case pending before Chambers, the nation's
top expert on selenium water pollution, Dennis Lemley has warned
that discharges from a Magnum Coal operation is dangerously
poisoning Mud River fish, pushing the ecosystem to the "brink of a
major toxic event."
In late May, Chambers gave Apogee 30 days to submit a compliance
plan and another 90 days after that to implement its plan. Later,
after a July hearing, Chambers backed off that timeline. He gave the
company until July 24 to submit a new timetable. In August, the
judge gave the company until May 31, 2009 to install treatment
systems and until June 30, 2009, to come into compliance with its
permit limits.
Last month, environmental group lawyers Derek Teaney and Jim Hecker
argued that Apogee was in contempt for not providing interim
benchmarks to show its progress. They said the company was not on
track to meet the court's deadlines. Chambers noted that, in
response, coal company lawyers filed another general monthly
progress report without including any benchmarks or deadlines.
The judge concluded, "It will be difficult, but not impossible, for
Apogee to meet the final compliance deadlines imposed by the court.
"Since any delay in development may make it impossible to meet the
final compliance date, the court will closely scrutinize the
remainder of the process," Chambers wrote.
Reach Ken Ward Jr. at kw...@wvgazette.com or at 304-348-1702.
|
|
