CHARLESTON — Environmental organizations are suing a coal company, alleging the continuous discharge of pollutants into the water is causing harmful effects to humans, animals and aquatic life.
The Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy, West Virginia Rivers Coalition, and Sierra Club filed a complaint May 24 in the U.S. District Court for the Southern District of West Virginia Charleston Division against Fola Coal Company LLC, alleging violation of the Federal Water Pollution Control Act and the Surface Mining Control and Reclamation Act.
According to the complaint, the continuous discharge of pollutants from the Fola Coal's Surface Mine and Bullpen Surface Mine caused iconic stress and biological impairment in Leatherwood Creek and Cannel Coal Hollow. The plaintiffs say this continuous discharge of large amount of pollutants is harming the water quality, the environment and people.
The plaintiffs allege Fola Coal continues to discharge pollutants that affects the water quality standards in the area, failed to take corrective actions to address the improper disposal of pollutants and failed to comply with the terms and conditions required by the law in protecting the environment.
The plaintiffs seek trial by jury, an order to restore the environment to its prior uncontaminated condition, attorney and expert witness fees, expenses incurred, and all other just and proper relief. They are represented by attorneys J. Michael Becher and Joseph M. Lovett of Appalachian Mountain Advocates in Lewisburg.
U.S. District Court for the Southern District of West Virginia Charleston Division case number 2:17-cv-03013