President Joe Biden’s administration has sued more than a dozen companies owned by West Virginia Gov. Jim Justice, a Republican who is running for the U.S. Senate, and some members of his family.
The U.S. Department of Justice (DOJ) states in the lawsuit that the companies and Justice’s son, who is the primary controller of many of the businesses, violated federal law by not paying penalties assessed for unresolved issues.
According to the complaint, a raft of issues has gone unresolved, including preventing surface water from eroding roads, discharging outside permitted areas, clearing rock and debris from roads after a rock fall, and properly disposing of waste.
The companies also failed to make sure that permits complied with the Clean Water Act requirements, provide certified reports on impoundments, and remove excess sediment from basins, the government claims. The violations occurred in Tennessee.
The notices of violations were issued under the Surface Mining Control and Reclamation Act of 1977. After receiving a notice, companies have time to resolve the problems and, if they do not, they can be ordered to halt mining activity until the resolution of the violations.
The defendants didn’t challenge the notices but didn’t correct the issues and failed to pay fines assessed thereafter, government officials say.
Justice and his son were ordered in 2021 to pay $2.9 million over violations at mines they operate in Kentucky. A county judge found the companies didn’t carry out agreed-upon actions, including keeping tabs on water quality. A federal appeals court ruled in April that the companies must pay $2.5 million in penalties for violating the Clean Water Act in multiple states.
The administration is asking the court to award more than $5.7 million in addition to interest, late payment penalties, and administrative expenses.
“Our environmental laws serve to protect communities against adverse effects of industrial activities including surface coal mining operations,” Assistant Attorney General Todd Kim, of the DOJ’s Environment and Natural Resources Division, said in a statement. “Through this suit, the Justice Department seeks to deliver accountability for defendants’ repeated violations of the law and to recover the penalties they owe as a result of those violations.”
Justice’s son and the companies couldn’t be reached for comment. No contacts are yet listed on the court docket.
Accusations of Political Targeting
Jim Justice, 72, is a co-owner of multiple companies named in the suit, but isn’t listed as a defendant.Justice said at an unrelated briefing on May 31 that he didn’t know the details of the accusations but that he expected to be briefed by his son.
“I’ve announced as a Republican that I’m running for the U.S. Senate, and the Biden administration is aware of the fact that with a win for the U.S. Senate and everything, we could very well flip the Senate,” the governor said. “This could be something in regard to that.”
“The Democrats have seen the polls that show Jim Justice winning this race, and they’re panicking. So now the Biden Justice Department has decided to play politics,” Roman Stauffer, Justice’s campaign manager, added in a statement.
The National Republican Senatorial Committee offered a similar view.
“Joe Biden’s Department of Justice has gone totally rogue. Democrats weaponizing the federal government to attack the family of a Republican Senate candidate is a complete abuse of power,” Tate Mitchell, a spokesman for the group, said in a statement.
The DOJ and White House didn’t respond by press time to requests by The Epoch Times for comment.
Democrats hold a 51–49 majority in the upper chamber. Republicans hope a GOP candidate in 2024 can flip the seat currently held by West Virginia’s Joe Manchin, who is 75 and hasn’t yet decided whether to run for another term. Justice is one of several Republicans who are vying in the GOP primary for the seat.
Manchin won the 2018 race with 49.6 percent of the vote, beating West Virginia Attorney General Patrick Morrisey.
With regard to the companies, Justice said that his family would resolve any issues that arise.
“I'll promise you to God above that absolutely anything about our waters, our environment, in any way, our workers—no matter what it may be—we will absolutely take care of it,” he said.
“My son and my daughter and our companies and everything will always fulfill obligations, every single one.”
