In November, OVEC and the West Virginia Highlands Conservancy sent a notice of intent to sue Hobet Mining over violations of selenium limits in its water pollution discharge permits. The permits cover the Sugartree and Westridge permits that are part of the huge Hobet 21 mountaintop removal operation located on the Mud River in Lincoln and Boone Counties. The notice gives Hobet Mining 60 days to comply with its permits or face a lawsuit over the ongoing violations. We are represented by Derek Teaney, an Equal Justice Works Fellow with the Appalachian Center for the Economy and the Environment.

  Studies published in 2002 for the Mountaintop Removal Environmental Impact Statement identified the Mud River as a selenium hot spot and linked the problem to the valley fills at upstream mining sites. The WV Dept. of Environmental Protection then gave Hobet three years to clean up its water discharges and required the company to comply with protective selenium limits by November of 2006.

  Selenium is a toxic mineral that bioaccumulates in living organisms when levels in the water are elevated. In humans, while selenium is an essential nutrient at low levels, it can be extremely toxic at higher levels, causing hair and fingernail loss, damage to kidneys and the liver and damage to nervous and circulatory systems.