RICHWOOD — Conservation groups filed a lawsuit against South Fork Coal Company this week, alleging multiple violations of federal environmental laws at five coal mines in Greenbrier County.
The lawsuit, brought by the West Virginia Highlands Conservancy and Appalachian Voices, accuses the company of discharging pollutants into waterways at levels exceeding legal limits, neglecting to submit required water quality assessments and failing to reclaim disturbed mining areas.
The mines are located near significant ecotourism destinations, including the Monongahela National Forest, Cranberry Glades Wilderness Area and the Falls of Hills Creek Scenic Area.
The operations impact headwater streams of the Cherry and Gauley Rivers, critical habitats for the endangered candy darter and state-designated trout streams.
The mines in question—Lost Flats #1 and #2 Surface Mines, Blue Knob Surface Mine, Laurel Creek Contour #1 Mine and Rocky Run Surface Mine—discharge into the Laurel Creek and South Fork Cherry River watersheds.
These waterways flow into the Gauley River, a renowned whitewater rafting and kayaking destination.
South Fork Coal Company’s monitoring reports reveal alarming levels of pollutants, including manganese, aluminum, iron, sediment and acid mine drainage.
Discharges have exceeded legal limits by as much as 994% for manganese and 908% for aluminum.
"South Fork Coal Company is jeopardizing not only the environment but also the emerging ecotourism economy," Willie Dodson, coal impacts program manager for Appalachian Voices. "Communities like Richwood depend on these pristine rivers for drinking water, recreation, and economic vitality."
Andrew Young, extractive industries committee chair for the West Virginia Highlands Conservancy, criticized the company’s disregard for environmental laws.
"Access to clean water is a human right," he said. "Every day these toxic discharges continue, people’s health and ecosystems suffer. This is indefensible."
The lawsuit also notes South Fork Coal Company’s failure to reclaim mining sites, leaving the land scarred and further compounding the environmental damage.
The environmental agencies also called on the federal Office of Surface Mining Reclamation and Enforcement (OSMRE) to close an illegal coal haul road operated by South Fork Coal Company in the Monongahela National Forest.
The groups argued that the company falsely claimed the road did not cross national forest land when it obtained its mining permit in 2011.
Federal law prohibits coal operations on national forest land without "valid existing rights" established prior to 1977.
The haul road, used to transport coal from the Rocky Run Surface Mine, discharges pollutants into the critical habitat of the endangered candy darter.
It has been cited for repeated environmental violations, including sediment control failures.
Andrew Young, representing the Allegheny-Blue Ridge Alliance and other groups, penned a letter to OSMRE Principal Deputy Director Sharon Buccino, urging the agency to issue a cessation order and suspend coal hauling activities on the road until a determination of "valid existing rights" is completed.
"South Fork Coal Company has turned our national forest into its own industrial roadway, endangering wildlife and waterways," Young said. "This is a blatant betrayal of our environmental laws."
The groups involved in the lawsuit and letter to OSMRE are also engaged in ongoing litigation against the U.S. Forest Service, U.S. Fish and Wildlife Service and OSMRE over failures to enforce federal environmental protections.
These cases center on the impacts of South Fork Coal Company’s operations on endangered species and public lands.
With significant environmental, economic, and legal stakes, advocates emphasize the need for swift action.
"There’s little time left for this administration to act," Dodson said. "Protecting the Monongahela National Forest and its communities is essential for the future of Appalachia."