EPA v. BLACKJEWEL, LLC (aka REVELATION ENERGY) (BNK) (IN PART, TO RECOVER STIPS UNDER THE ARCH COAL CD)

Case summary

On December 16, 2019, the U.S. Environmental Protection Agency, Region 4, requested that the U.S. Department of Justice (DOJ) file a government proof of claim by the applicable government bar date in the matter of Blackjewel, LLC et al., Case No. 19-30289 (Bankr. S.D. W. Va.) for the Chapter 11 bankruptcy proceedings of Blackjewel, LLC and ten of its affiliated companies, including Revelation Energy, LLC (Revelation). The EPA requested that DOJ file a Proof of Claim against Revelation for the recovery of stipulated penalties arising from prepetition violations of a judicial Consent Decree entered by the Southern District of West Virginia in United States, et al. v. Arch Coal, Inc., et al., 2:11-cv-00133, ECF No. 38 (Nov. 26, 2014), and for the recovery of civil penalties arising from violations of the Underground Injection Program (?UIC?) of the Safe Drinking Water Act (?SDWA?). The EPA further requested that DOJ file a Proof of Claim against all Debtors in a protective fashion with respect to equitable remedies that are not within the Bankruptcy Code?s definition of ?claim,? 11 U.S.C. ? 101(5). 12-30-19 - THE U.S. FILES THIS PROOF OF CLAIM AT THE REQUEST AND ON BEHALF OF THE U.S. EPA. THIS POC IS FILED AGAINST REVELATION ENERGY, LLC FOR THE RECOVERY OF STIPULATED PENALTIES ARISING FROM PREPETITION VIOLATIONS OF A JUDICIAL CD ENTERED BY THE SOUTHERN DISTRICT OF WEST VIRGINIA IN U.S. v. ARCH COAL, INC. ET AL., 2-11-cv-00133. THIS PROOF OF CLAIM IS ALSO FILED AGAINST REVELATION FOR THE RECOVERY OF CIVIL PENALTIES ARISING FORM VIOLATIONS OF THE UNDERGROUND INJECTION PROGRAM OF THE SDWA. FINALLY THIS POC IS FILED AGAINST ALL DEBTORS IN A PROTECTIVE FASHION WITH RESPECT TO EQUITABLE REMEDIES THAT ARE NOT WITHIN THE BANKRUPTCY CODE'S DEFINITION OF CLAIM , 11 USC 101(5).

Defendants (2)

• REVELATION ENERGYNamed in complaint
• BLACKJEWEL, LLCNamed in complaint

Facilities (1)

• CABIN BRANCH SURFACE MINE

  1051 MAIN STREET SUITE 2, MILTON, WV, 25541

  Registry ID: 110070546660

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• SDWA 1422/1423 — UIC Regulations Classes I - V
• CWA 301/402 — NPDES Permit Violations

Timeline (3 milestones)

• 2019-12-16Referred To Dept Of Justice
• 2019-12-30Complaint Filed With Court
• 2020-01-08Enforcement Action Data Entered