OVEC Files Notice of Intent to Sue Massey Energy Over Water Violations

In 2008, the U.S. Environmental Protection Agency filed suit against Massey Energy regarding Masseys violations of the Clean Water Act in West Virginia.

The EPA cited the company for more than 60,000 violations over a six-year period and ordered the company to pay a record $20 million in fines to settle these violations.

Remarkably, since that settlement, Masseys violations have grown more frequent than they were before the EPA brought its enforcement action. Between April 1, 2008, and March 31, 2009, Massey accrued 12,977 Clean Water Act violations.

In January, we filed a notice of intent to sue Massey for these recent violations. Parties in the suit are the Sierra Club, the Ohio Valley Environmental Coalition, Coal River Mountain Watch, and the West Virginia Highlands Conservancy. Were represented by attorneys from the Sierra Club, Appalachian Center for the Economy and the  Environment, and Public Justice.

If Massey does not bring itself into full compliance with its permits and the Clean Water Act by the end of the 60-day notice period, we intend to file a citizens suit, seeking civil penalties for Masseys ongoing and continuing violations and for an injunction compelling it to come into compliance with the Act.

During the January public debate between Massey Energy CEO Don Blankenship and Robert Kennedy Jr., Blankenship outright denied that Massey has over 12,000 new water violations.

Kennedy pointed out that Masseys rate of water pollution violations is increasing, but Blankenship responded that Masseys violation numbers are actually getting better. Blankenship also said that if its possible to do mountaintop removal mining without violating the law, then Massey is the company which can achieve that.