Ohio Valley Environmental Coalition
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March 2010
Contents

Coalfield Residents and Scientists Meet with Governor
A Victory in Fayette County
Carol Warren: Living the Dream of World Peace
EPA Approves Hobet 45 Mine
Sludge Safety Project Legislative Update
MTR Disproportionately Impacting Low-Income Americans
Before I Was Hungry
Coal Going Down, Naturally
Lindytown Twilight-ed into Darkness
Holding Government Accountable: Meetings, Meetings, Meetings
No CONSOL-A-Tion, Workers Misled About Possible Job Losses?
West Virginias Greatest Resource: Water
Alert Residents Contact DEP About Spill in Area Creek
WV Council of Churches Sets Legislative Agenda
Blair Mountains Historical Status Revoked, Group Will Appeal
Cemetery Protection Bills Introduced At Session
Supreme Court Ruling Makes Clean Elections Work Even More Important
The More Things Change ... Granny D on Campaign Finance Reform
20 - 30 Years of Surface Mining Left
Clean Elections Advance in West Virginia
OVEC Files Notice of Intent to Sue Massey Energy Over Water Violations
Coal-to-Liquid Plant: Jobs Over Health and Water?
End DC-Style Business As Usual Join Us in A New Campaign
Ken Do! Hechler Honored
We Hereby Resolve to Make a Difference
Meeting with the Governor and Kathy Mattea
Hundreds Rally at DEP For The Mountains
Organizing for the Mountains in Mercer County
Going Solar in Roane County - Off-Grid is Good
Watch It, Read It, Groove To It All to Protect It
Global Warming / Climate Instability in the Mountain State
Study: Mountaintop Mining Damage Pervasive and Irreversible
Eating For OVEC Keeps Raising $$$
Coal Company Depredations Endanger WV Family Cemeteries, Part Two
Byrds Words Rock the Coalfield Status Quo
Byrd - Old Senator, New Tricks Has King Coal Confused
A Yell Out to Yale
Standing Our Ground


For viewing the PDF version of the newsletter

 
Winds of Change Newsletter, March 2010     See sidebar for table of contents

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.

 

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