HUNTINGTON, W.Va. — A U.S. District Judge has issued a third contempt ruling against a coal company based in Kentucky, citing its continual failure to submit acceptable plans for the cleanup of two polluted mine locations in West Virginia.
Judge Robert Chambers mandated that Lexington Coal Company LLC adhere to earlier instructions to tackle the release of selenium and other contaminants at its sites in Mingo County. The judge also imposed a $50,000 fine on the company and instructed it to establish a $100,000 fund dedicated to help meet federal environmental obligations.
This recent contempt order follows previous findings against the company in both 2022 and 2023 for similar issues.
In his latest ruling, Judge Chambers noted that Lexington Coal has cumulatively been fined $169,500. He remarked, “Unfortunately, this significant sum of money has proven insufficient to coerce Lexington Coal into compliance.”
The legal struggles began when environmental organizations accused the company in a 2019 lawsuit of unlawfully releasing pollutants from its Low Gap Surface Mine No. 2 and No. 10 Mine.
James Kotcon, the chairperson of the Sierra Club’s West Virginia division, stated that these discharges have devastated local ecosystems. He emphasized the legal responsibility of companies to rectify their environmental damage when he said, “The law requires companies to abide by a simple principle: You must clean up the mess you make. Lexington Coal Company has made it clear that it has no respect for our courts and our laws.”