ELKINS — The West Virginia Highlands Conservancy Ohio Valley Environmental Coalition and the Sierra Club have filed suit against Brooks Run Mining over alleged pollution of the water near the Seven Pines Mine.
According to the filing in the federal court, the plaintiffs filed a suit against Brooks Run Mining Co. claiming violations of the Federal Water Pollution Control Act and the Surface Mining Control and Reclamation Act.
In their suit, the plaintiffs allege that Brooks Run is discharging pollutants into the waters alongside its Seven Pines Mine. The plaintiffs allege the pollutants have been discharged since at least March 2017 and are in violation of the limits for its permit.
The plaintiffs allege the bodies of water affected include Missouri Creek, Chuffy Run, Bragg Creek and Kate Run.
The plaintiffs seek to enjoin Brooks Run from operating its mine in its present manner and seek an order for compliance as well as civil penalties for each day of the violations. The plaintiffs are also seeking the mandatory monitoring and sampling by Brooks Run to determine the environmental damage and to remedy and repair it.
The plaintiffs are represented by Derek Teaney and J. Michael Becher of Appalachian Mountain Advocates Inc. in Lewisburg.
U.S. District Court for the Northern District of West Virginia at Elkins case number 2:10-cv-00041