Ohio Valley Envtl. Coal., Inc. v. Fola Coal Co.

摘要

In multiple ways, the chemical and the biological components of the aquatic ecosystems found in Stillhouse Branch have been significantly adversely affected by Defendant's discharges. The water chemistry of this stream has been dramatically altered, containing levels of ionic salts-measured as conductivity-which are scientifically proven to be seriously detrimental to aquatic life. The biological characteristics of the stream have also been significantly injured, in that species diversity-and, in some areas, overall aquatic life abundance-is profoundly reduced. Stillhouse Branch is unquestionably biologically impaired, in violation of West Virginia's narrative water quality standards, with current WVSCI scores falling well below the threshold score of 68. Losing diversity in aquatic life, as sensitive species are extirpated and only pollution-tolerant species survive, is akin to the canary in a coal mine. This West Virginia stream, like the reference streams used to formulate WVSCI, was once a thriving aquatic ecosystem. As key ingredients to West Virginia's once abundant clean water, the upper reaches of West Virginia's complex network of flowing streams provide critical attributes-"functions," in ecological science-that support the downstream water quality relied upon by West Virginians for drinking water, fishing and recreation, and important economic uses. Protecting these uses is the overriding purpose of West Virginia's water quality standards and the goal of the state's permit requirements. The Court thus FINDS that Plaintiffs have established, by a preponderance of the evidence, that Defendant has committed at least one violation of its permits by discharging into Stillhouse Branch high levels of ionic pollution, which have caused or materially contributed to a significant adverse impact to the chemical and biological components of the stream's aquatic ecosystem, in violation of the narrative water quality standards incorporated into those permits. The Court DIRECTS the Clerk to send a copy of this written Opinion and Order to counsel of record and any unrepresented parties.