EPA v. JAMES C. JUSTICE COMPANIES, INC., ET. AL.(CWA 404)

Case summary

, DOJ on behalf of Region 3, in conjunction with the West Virginia Department of Environmental Protection filed a motion to enforce a consent decree in a WV federal district court to secure compliance with a February 2016 consent decree from West Virginia Gov. James C. Justice, II and the James C. Justice Companies, Inc. (Justice Defendants.) The 2016 consent decree relates to discharges of fill material into Turkey Creek, a high-quality trout stream, in connection with the construction of 20 dams without a permit. After removing the dams in 2018, the Justice Defendants ceased compliance with remaining consent decree requirements, including submission of post-restoration monitoring reports to demonstrate that Turkey Creek is returning to its original high quality pre-discharge condition, and placing the restored area under permanent protection through deed restrictions. DOJ and EPA have sent numerous reminders, starting in February 2017, and continuing through April 2021, regarding the outstanding consent decree requirements. The Justice Defendants have failed to submit six consecutive monitoring reports to EPA and have not placed the required deed restrictions on the property, despite multiple attempts by EPA to remind the Justice Defendants of their obligations. EPA and DOJ have tried to work with the Justice Defendants to avoid the need for any formal action to obtain compliance. However, the Justice Defendants have not responded to these efforts and remain out of compliance. The filing of a Motion to Enforce the Consent Decree with the district court is essential to carry out EPA?s mission of protecting human health and the environment.

Defendants (3)

• HIGH MOUNTAIN LIVING, LLCNamed in complaintNamed in settlement
• JAMES C. JUSTICE COMPANIES, INCNamed in complaintNamed in settlement
• JAMES C. JUSTICE, IINamed in complaintNamed in settlement

Facilities (1)

• JAMES C JUSTICE (N37.53612) (W-80.50847)

  N37.53612 W-80.50847, MCGLONE, WV, 29241

  Registry ID: 110067163189

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (3)

• JAMES C. JUSTICE COMPANIES, INC., ET. AL.(CWA 404) (HIGH MOUNTAIN LIVING, LLC)entered 2016-02-25

  Primary law: CWA

  Federal penalty: $62,500 · State/local: $62,500

• JAMES C. JUSTICE COMPANIES, INC. (JAMES C JUSTICE/JAMES JUSTICE II (404)entered 2016-02-25

  Primary law: CWA

  Federal penalty: $110,000 · State/local: $110,000

• JAMES C. JUSTICE COMPANIES, INC., ET. AL.(CWA 404)entered 2021-09-08

  Primary law: CWA

Timeline (5 milestones)

• 2013-09-24Referred To Dept Of Justice
• 2013-10-23Enforcement Action Data Entered
• 2015-12-10Complaint Filed With Court
• 2021-09-08Final Order Lodged
• 2021-09-08Final Order Entered