LOUISVILLE, Ky. — Two environmental groups say a West Virginia billionaire’s Tennessee coal mines are violating federal law by not monitoring water pollution.
The groups filed a lawsuit in U.S. District Court in East Tennessee this week against S&H Mining, saying an underground mine in Campbell County is discharging pollutants into forks of the New River. Statewide Organizing for Community Empowerment, based in Knoxville, and the Sierra Club filed the lawsuit on Thursday.
The groups also filed a notice they intend to file an additional lawsuit against S&H and two other Tennessee coal companies owned by billionaire Jim Justice, alleging the companies’ mines are violating the Clean Water Act by not filing water pollution reports.
Steve Ball, vice president of operations for the Justice Corp., based in Roanoke, Virginia, was reviewing questions sent by The Associated Press Friday about the court actions. Ball said he has not seen any of the legal filings.
The groups say the mines are releasing more iron, manganese and suspended solids into the waterways than what their permit allows. The Justice-owned companies, S&H along with National Coal and Premium Coal, have not filed the required water pollution reports since the fourth quarter of 2013, according to the group’s court filings. The reports are required as part of the Clean Water Act.
Many of the Justice-owned Tennessee mines are idle or abandoned, but they can still be held liable for water quality violations, said Casey Self, a spokeswoman for Statewide Organizing for Community Empowerment.
Stephanie Langley, chair of the Tennessee group’s Energy, Ecology and Environmental Justice Committee, said the residents downstream of the three mining companies “are being subjected to an unknown amount of toxic materials being dumped into their streams and rivers.”
Justice owns assets totaling about $1.6 billion, according to Forbes, including The Greenbrier resort in West Virginia. He said in an interview with the AP last year his coal businesses were struggling. He also owns coal mines in West Virginia, Kentucky and Alabama. Justice said, “you may be witnessing the death of the coal industry” and indicated at the time that he may need to close some mines.
Justice-owned mines in a handful of states have been criticized by supply vendors who say the mines are not paying their bills. Several have filed lawsuits seeking the payments owed.
The Tennessee group along with the Sierra Club also sued National Coal in 2011 over water pollution issues at two East Tennessee mines. That suit ended with an agreement in September by the Justice-owned company to pay about $290,000 in fees and penalties and cease operations at the mines.