EPA v. MASSEY ENERGY CO. & SUBSIDIARIES (NATIONAL CASE)

Case summary

ON AUGUST 10, 2005, OECA AND REGION 3 REFERRED A CASE TO DOJ BASED ON MASSEY ENERGY COMPANY'S VIOLATIONS OF SECTION 301 AND 402 OF THE CWA. MASSEY AND ITS SUBSIDIARIES OPERATE NUMEROUS COAL MINES IN WEST VIRGINIA AND KENTUCKY. THE 2005 REFERRAL COVERED THE WEST VIRGINIA VIOLATIONS. THIS 2006 REFERRAL COVERS THE VIOLATIONS IN KENTUCKY. MOST OF THE VIOLATIONS ARE FOR EXCEEDING LIMITS FOR TOTAL SUSPENDED SOLIDS. THE RELIEF SOUGHT IS FOR MASSEY TO TAKE MEASURES TO STOP THESE EXCEEDENCES AS WELL AS PAY A PENALTY.

Defendants (28)

• MASSEY ENERGY COMPANYNamed in complaintNamed in settlement
• MARTIN COUNTY COAL CORPORATIONNamed in complaintNamed in settlement
• MARFORK COAL COMPANY, INC.Named in complaintNamed in settlement
• MAJESTIC MINING, INC.Named in complaintNamed in settlement
• LONG FORK COAL COMPANYNamed in complaintNamed in settlement
• JACKS BRANCH COAL COMPANYNamed in complaintNamed in settlement
• TRACE CREEK COAL COMPANYNamed in complaintNamed in settlement
• STIRRAT COAL COMPANYNamed in complaintNamed in settlement
• SIDNEY COAL COMPANY, INC.Named in complaintNamed in settlement
• ROAD FORK DEVELOPMENT COMPANY, INC.Named in complaintNamed in settlement
• RAWL SALES & PROCESSING CO.Named in complaintNamed in settlement
• POWER MOUNTAIN COAL COMPANYNamed in complaintNamed in settlement
• PERFORMANCE COAL COMPANYNamed in complaintNamed in settlement
• PEERLESS EAGLE COAL COMPANYNamed in complaintNamed in settlement
• OMAR MINING COMPANYNamed in complaintNamed in settlement
• NEW RIDGE MINING COMPANYNamed in complaintNamed in settlement
• MASSEY COAL SERVICES, INC.Named in complaintNamed in settlement
• A.T. MASSEY COAL COMPANYNamed in complaintNamed in settlement
• INDEPENDENCE COAL COMPANY, INC.Named in complaintNamed in settlement
• GREEN VALLEY COAL COMPANYNamed in complaintNamed in settlement
• ELK RUN COAL COMPANY, INC.Named in complaintNamed in settlement
• DUCHESS COAL COMPANYNamed in complaintNamed in settlement
• DELBARTON MINING COMPANYNamed in complaintNamed in settlement
• CLEAR FORK COAL COMPANYNamed in complaintNamed in settlement
• BIG BEAR MINING COMPANYNamed in complaintNamed in settlement
• …and 3 more

Facilities (77)

• ROAD FORK DEVELOPMENT CO INC (898-4430)

  JCT OF KY 319 & KY 1056, RANSOM, KY, 41558

  Registry ID: 110011202821

• PETER CAVE MINING CO (880-5189)

  JCT OF KY 292 & EMILY CREEK RD, PILGRIM, KY, 41224

  Registry ID: 110011204080

• SIDNEY COAL CO INC (898-5652)

  JCT OF KY 468 & LOWE BRANCH RD, RURAL, KY, 41514

  Registry ID: 110011218681

• MARTIN COUNTY COAL CORP (880-0034)

  JCT OF 908 & WALNUT FORK RD, INEZ, KY, 41224

  Registry ID: 110009966162

• SIDNEY COAL CO INC (898-5741)

  JCT OF KY 468 & ROCKHOUSE FORK RD, HATFIELD, KY, 41514

  Registry ID: 110007365582

• SIDNEY COAL CO INC (898-8106)

  JCT OF KY 468 & ROCKHOUSE FORK RD, HATFIELD, KY, 41514

  Registry ID: 110013679652

• HIGH RIDGE MINING LLC (898-4485)

  JCT OF KY 194 & DICKS FORK RD, PHYLLIS, KY, 41554

  Registry ID: 110011198765

• GREYEAGLE COAL CO INC (880-5191)

  KY 292, PILGRIM, KY, 41250

  Registry ID: 110010839600

• MARTIN COUNTY COAL CORP (880-0103)

  JCT OF 908 & WALNUT FORK RD, INEZ, KY, 41224

  Registry ID: 110009288145

• SIDNEY COAL CO INC (898-5746)

  JCT OF KY 468 & LONG BRANCH RD, HATFIELD, KY, 41514

  Registry ID: 110010840055

• MARTIN COUNTY COAL CORP (880-5179)

  3201 RIDGETOP RD, INEZ, KY, 41224

  Registry ID: 110009288145

• J & H COAL CO (698-5333)

  KY 468, SIDNEY, KY, 41564

  Registry ID: 110011219029

• SIDNEY COAL CO INC (898-4496)

  JCT OF KY 304 & BRUSHY FORK RD, VARNEY, KY, 41571

  Registry ID: 110011203777

• ICG EAST KENTUCKY LLC (898-8167)

  JCT OF KY 468 & ROCKHOUSE FORK RD, HATFIELD, KY, 41514

  Registry ID: 110010839646

• SIDNEY COAL CO INC (898-4103)

  CLAY COUNTY, LAURA, KY, 41071

  Registry ID: 110006763715

• …and 62 more

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MASSEY ENERGY CO. & SUBSIDIARIES (NATIONAL CASE) (04-2008-C016)entered 2008-04-09

  Primary law: CWA

  Federal penalty: $6,700,000

Timeline (7 milestones)

• 2006-09-28Referred To Dept Of Justice
• 2006-09-30Enforcement Action Data Entered
• 2007-05-10Complaint Filed With Court
• 2008-01-17Final Order Lodged
• 2008-04-09Final Order Entered
• 2008-04-09Concluded
• 2011-03-22Send Demand Letter