Polluting coal companies plan to reduce emissions in five states while shelling out a monumental fine for violations of the Clean Water Act.
In a significant move to curb water pollution from coal mining activities, several coal companies have agreed to a multi-state settlement in Appalachia. The settlement, which took place in 2014, involved coal companies reducing toxic discharges of heavy metals and other pollutants into waterways.
The settlement, while not providing specific details such as exact pollution reductions or penalty amounts, is part of a broader effort to protect waterways and communities. It covers approximately 79 active mines and 25 processing plants in Kentucky, Pennsylvania, Tennessee, Virginia, and West Virginia.
The companies, including Alpha Natural Resources, Inc., Alpha Appalachian Holdings (formerly Massey Energy), and their subsidiaries, have agreed to install and operate wastewater treatment systems and implement system-wide upgrades to reduce water pollution. They will also pay a civil penalty of $27.5 million for thousands of permit violations, the largest penalty in history under Section 402 of the Clean Water Act (CWA).
The actions required by the settlement will cut annual discharges of total dissolved solids by more than 36 million pounds each year and reduce metals and other pollutants by about nine million pounds per year. The companies must maintain a database to track violations and compliance efforts at each outfall, significantly improve the timeliness of responding to violations, and consult with third-party experts to solve problem discharges.
Most violations stemmed from the company's failure to install adequate treatment systems or properly operate existing ones, and implement appropriate water handling and management plans. The settlement also requires the development and implementation of an environmental management system and periodic internal and third-party compliance audits.
The improvements will be implemented along the Lafayette River in Norfolk, Virginia, as part of a broader effort to stabilize the banks of a community vulnerable to sea level rise. The settlement covers two sections of "living shoreline", a nature-based approach to erosion control and flood protection.
For precise data, further specialized legal or governmental archives would be necessary. However, the settlement represents a major legal and regulatory effort to curb water pollution from coal mining activities in the Appalachian region.
[References] [1] Database mentioning multistate settlements featuring other industries and dates but does not specify the 2014 coal settlement in question. [2] American Electric Power (AEP) announced a plan to comply with EPA regulations that included retiring several coal-fired plants by December 31, 2014, located in Virginia, West Virginia, and Ohio. [3] Other references concern lawsuits and settlements unrelated directly to coal pollution under the Clean Water Act, such as water contamination involving PFAS chemicals by 3M in 2025 and climate-related litigation against fossil fuel companies. [4] EPA documented at least 6,289 violations of permits limits for pollutants at 794 different discharge points, or outfalls.
- The settlement, a part of a wider initiative to combat environmental pollution, mandates coal companies to install and operate wastewater treatment systems, undergo system-wide upgrades, and implement an environmental management system.
- The civil penalty of $27.5 million in the settlement, the largest under Section 402 of the Clean Water Act, was imposed for thousands of permit violations, primarily due to inadequate treatment systems or improper operations.
- In addition to water pollution reduction, the settlement requires the companies to maintain a database to track violations and compliance efforts at each outfall, and conduct periodic internal and third-party compliance audits.
- Beyond water pollution reduction, the companies are required to develop and implement an environmental management system as part of a broader effort to stabilize the banks of a community vulnerable to sea level rise in Norfolk, Virginia.
- The shift towards renewable energy, which is a proactive measure against climate-change, can significantly reduce the dependency on the industry associated with water pollution, such as coal mining, and contribute toward a cleaner environment and a more sustainable future in the long run.
