UPDATE: Alpha responds to lawsuit.
National and regional environmental groups are acting to stop selenium pollution from mountaintop coal mining they claim is a violation of the Clean Water Act and surface mining laws.
A release from the Sierra Club said Ohio Valley Environmental Coalition and the West Virginia Highlands Conservancy have teamed up with the Sierra Club to sue Alpha and force compliance. The move, the release states, is to show that "that mountaintop removal mining is not in their economic interest."
"Is widespread and ongoing toxic pollution of our streams what Alpha means by 'Running Right?'" said Jim Sconyers, chairman of the West Virginia Sierra Club. "Alpha needs to stop this and to stop making the people and streams pay the price for Alpha's toxic coal mining."
Alpha, is the nation's third largest coal miner and major employer in West Virginia.
According to the Sierra Club news release, the groups reached an agreement regarding selenium pollution at three facilities. The agreement required Alpha to treat the pollution and pay penalties of $4.5 million. The estimated cost to treat selenium at those facilities was more than $50 million.
"Growing scientific evidence points to a human health crisis in mountaintop removal communities," said Dianne Bady with the Ohio Valley Environmental Coalition. "The voices of the residents who have been telling of this health crisis for over a decade now have been drowned out by coal propaganda and by the politicians who do coal's bidding."
Selenium has been linked to reproductive failure and deformities in various aquatic life.
"The evidence continues to mount that the long term legacy of streams polluted by harmful levels of selenium from these and other mines has become as costly and devastating as the thousands of miles of streams already destroyed by acid mine drainage," said Cindy Rank of the West Virginia Highlands Conservancy. "Permits must not be granted where mining will only further damage the health of our water and those residents now and in the future who depend on that water."
The groups are represented by Appalachian Mountain Advocates.
According to the release, the mining facilities at issue and their subsidiary owners are:
- Whitman No. 2 Surface Mine, Logan County, Alex Energy
- Camp Branch facility, Logan County, Aracoma Coal Co.
- Tower Mountain Surface Mine, Bandmill Coal Corp.
- Freeze Fork Surface Mine, Highland Mining Co.
- Twilight Surface Mine, Independence Coal Co.
- Lady Dunn Preparation Plant, Kanawha County, Jacks Branch
- Hughes Creek Surface mine, Kanawha County, Jacks Branch
- Stockton Mine, Kanawha County, Jacks Branch
- Fourmile Fork Surface Mine, Kanawha Energy
According to his voicemail message, Ted Pile, a spokesman for Alpha Natural Resources, is not available this week. Rick Nida, another Alpha spokesman could not be immediately reached Monday.