The Department of Justice (DOJ) has today announced the filing of a civil action against James C. Justice III and 13 coal companies he owns or operates. The charges? Unpaid civil penalties and reclamation fee debts previously assessed by the Department of the Interior (DOI) Office of Surface Mining Reclamation and Enforcement (OSMRE), as well as Abandoned Mine Land (AML) reclamation fee and audit debts.
The timing of this action has raised eyebrows across the nation. It comes just days after a poll showed the elder Justice, Governor Jim Justice of West Virginia, crushing his Democratic opponent Senator Joe Manchin in a hypothetical match-up. This has led many to question whether the DOJ’s sudden interest in the younger Justice’s affairs is politically motivated.
2024 West Virginia Senate: Jim Justice holds 22-Point lead over Joe Manchin
(R) Justice : 54% (+22)
(D) Manchin: 32%Justice approval: 57/29 (net +28)
Manchin approval: 33/59 (-26)ECU poll, May 22-23, 957 RV https://t.co/foJkr58fiY pic.twitter.com/H5rhdqS9UB
— InteractivePolls (@IAPolls2022) May 30, 2023
According to Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division, the environmental laws in question aim to “protect communities against adverse effects of industrial activities including surface coal mining operations.” He claims that through this lawsuit, the Justice Department seeks to enforce accountability for “repeated violations of the law” and recover the penalties owed as a result.
Ted Cruz (R-TX) called the civil action “utterly brazen” on Twitter Wednesday morning. “When I said the Biden DOJ is the most political & partisan DOJ in history, I wasn’t kidding….” wrote Cruz.
Utterly brazen.
When I said the Biden DOJ is the most political & partisan DOJ in history, I wasn’t kidding…. https://t.co/lQPY1RlVJd
— Ted Cruz (@tedcruz) May 31, 2023
The alleged violations, as per U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia, span over a five-year period during which the defendants were reportedly involved in over 130 violations of federal law. These violations, Kavanaugh states, posed health and safety risks to the public and the environment. Despite being given notice, the defendants purportedly failed to remedy those violations and were ordered over 50 times to cease mining activities until their violations were abated.
Pursuant to the Surface Mining Control and Reclamation Act (SMCRA), the OSMRE can issue a notice of violation (NOV) for non-imminently dangerous violations. If the violation is not abated by the NOV’s deadline, OSMRE can issue a cessation order to halt mining until the violation is abated. If the violation creates an imminent danger to public health or safety, OSMRE issues a second type of cessation order, the Imminent Harm Cessation Order (IHCO), which requires cessation of active mining until the violation is abated.
Between 2018 and 2022, the OSMRE reportedly cited the defendants for over 130 violations and issued the companies over 50 cessation orders. According to the DOJ’s filing, the defendants also failed to pay the required AML fees, which fund the reclamation of coal mining sites abandoned or left in an inadequate reclamation status. The total amount of the penalties and AML fees, plus interest, penalties, and administrative expenses, owed by the defendants is approximately $7.6 million.
The filing of this civil action has undoubtedly cast a long shadow over the race in West Virginia. As the elder Justice garners more support, it remains to be seen whether this legal action against his son will impact his campaign. Given the timing, many people are questioning whether this is a fair shake of justice or a politically motivated attack.