CHARLESTON (AP) — A federal judge has found another West Virginia mining operation in violation of the state’s water quality standard for selenium.
U.S. District Judge Robert C. Chambers’ latest ruling comes in a lawsuit filed by several environmental groups against CONSOL Energy’s Peg Fork Surface Mine.
Chambers ruled that discharges from the mine exceeded the state’s selenium standard. He based his finding on water samples taken in December 2013.
The judge said the plaintiffs’ claims for civil penalties and injunctive relief will be resolved in the litigation’s second phase.
The Charleston Gazette reports that Chambers issued his ruling earlier this week.
Last week, the judge ruled in a separate lawsuit that discharges from an Alpha Natural Resources coal slurry impoundment in Raleigh County violated the state’s selenium standard.