The West Virginia Highlands Conservancy and Appalachian Voices filed a formal notice on October 16, 2024, of its intent to sue the South Fork Coal Company for ongoing and severe violations of the Clean Water Act and Surface Mining Control and Reclamation Act at multiple sites in Greenbrier County, West Virginia. The notice cites high levels of polluted water released from the sites and inadequate reclamation efforts that put the environment, local communities, and the natural integrity of the area at risk. 

South Fork Coal’s mining operations at the Lost Flats, Blue Knob, and Rocky Run mines have repeatedly violated permitted effluent limits for iron, manganese, and aluminum, according to the company’s own monitoring reports. When discharged into nearby rivers, streams, or soil, coal effluent can harm ecosystems, contaminate drinking water sources, and affect the health of both wildlife and humans.

The West Virginia Department of Environmental Protection has documented repeated noncompliance, including failures to implement proper reclamation practices, stabilize vegetation, and ensure proper sediment control.

“We are calling on South Fork Coal Company to fulfill their responsibilities and protect these vital resources from further degradation,” said Olivia Miller, program director for the West Virginia Highlands Conservancy. “Each day that these pollutants continue to flow into our waterways at hazardous levels, the health and wellbeing of West Virginians and the vitality of our ecosystems are compromised. This disregard for our environment and community safety is indefensible, and we will not stand by and allow it to continue.”

The notice details numerous Clean Water Act violations across multiple outfalls at the mining sites, which have exceeded limits set for critical pollutants, including iron and manganese, by as much as 405% in certain months. Manganese can pose serious health risks to humans and animals at high concentrations. 

The West Virginia Highlands Conservancy and Appalachian Voices—represented by lawyers from Appalachian Mountain Advocates—also allege significant violations of federal and state reclamation standards under the Surface Mining Control and Reclamation Act, with South Fork failing to mitigate erosion, control sediment, and conduct required water quality testing. 

“If South Fork Coal Co. does not end these ongoing violations, we will enforce compliance as citizen attorneys general. Plain and simple, nobody is above the law in this country,” said Andrew Young, chair of the West Virginia Highlands Conservancy’s Extractive Industries Committee. “This land is within the Monongahela National Forest proclamation boundary and drains into designated critical habitat for the endangered candy darter. This amazing landscape and ecosystem is worth protecting for future generations of West Virginians, and Americans as the public land it is meant to be. The South Fork Cherry River watershed will never be an appropriate place for the permanent toxic mine drainage and environmental devastation now left by a rogue, out of state coal company, and it is wholly unfair to burden the communities downstream that rely upon this water for their drinking supply.”

If these violations are not rectified within the 60-day notice period, the West Virginia Highlands Conservancy and Appalachian Voices intend to file a citizen lawsuit in federal court to seek declaratory and injunctive relief, as well as civil penalties, for these ongoing violations.