A federal judge has once again held Lexington Coal Company in contempt for its persistent disregard of environmental regulations and court orders. This marks the third such order since 2021, highlighting the company’s ongoing failure to address pollution issues at its mining operations in Mingo County, West Virginia, US.

In his latest ruling of November 7, Judge Robert C. Chambers expressed frustration with Lexington Coal's persistent disregard for the law and the environment. He stated, "Defendant Lexington Coal’s disrespect for the environment and this Court’s orders has permeated every stage of this litigation."

To incentivize compliance, the court imposed a $50,000 fine and ordered the company to establish a $100,000 fund dedicated to environmental remediation. Additionally, the court mandated that Lexington Coal hire qualified engineers to oversee compliance efforts.

A History of Non-Compliance

Lexington Coal has been embroiled in legal battles for years due to its pollution of local waterways with toxic substances like selenium. In 2021, a federal court found the company liable for numerous violations of the Clean Water Act and the Surface Mining Control and Reclamation Act. Subsequent court orders mandated the company to clean up the affected streams and cease illegal water pollution.

Despite these rulings, Lexington Coal has repeatedly failed to comply. In 2022 and 2023, the court issued contempt orders, levying fines and imposing stricter compliance measures. However, the company's pattern of non-compliance has continued.

Environmental Groups React

Environmental organizations, including the Sierra Club, Appalachian Voices, and the West Virginia Rivers Coalition, have been instrumental in bringing Lexington Coal's environmental violations to light. James Kotcon, Chair of the Sierra Club West Virginia Chapter, expressed disappointment with the company's actions and said, “The law requires companies to abide by a simple principle: You must clean up the mess you make. For years, Lexington Coal has dragged its feet on that task and failed to stop polluting Mingo County streams. The pollutants they’ve discharged into the water have completely devastated ecosystems.

“Lexington Coal Company has made it clear that it has no respect for our courts and our laws. It has blatantly ignored legal mandates and shirked responsibility for years. Its flagrant disregard for our legal system, and more importantly, the community in which it mined and profited off of, is unacceptable and reprehensible. The company must be held accountable for its actions and take full responsibility for repairing the environmental damage it caused.”

A Legacy of Environmental Damage

The ongoing legal battle with Lexington Coal underscores the broader issue of environmental degradation caused by the coal mining industry. As coal mining operations decline, it is imperative that companies take responsibility for the environmental damage they have inflicted and work to restore affected ecosystems.