The Sierra Club and WV Highlands Conservancy announced today that they have filed suit in federal district court against Fola Coal Co's Surface No. 3 mine in Clay and Nicholas Counties, alleging violations of the Clean Water Act and the Surface Mining Control and Reclamation Act. The public statement from the organizations is found here. The opening of the statement is set forth below.
(Charleston, WV) –Prompted by stream pollution from the Fola Coal Company’s Surface Mine No. 3 in Nicholas and Clay counties, the Sierra Club and West Virginia Highlands Conservancy today filed an enforcement action against the company in federal court. Water quality tests conducted by the U.S. Environmental Protection Agency (EPA), the West Virginia Department of Environmental Protection, and the company itself have shown that the waters immediately below the mine are significantly degraded. These studies reveal that Twenty Mile Creek and Boardtree Branch, both of which receive waste discharges from the 1700-acre surface mine, are biologically impaired and toxic to aquatic life.
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