Trial Postponed for Coal Lab Worker in Water Testing Scheme

The trial has been postponed for an employee at a Raleigh County coal industry laboratory accused of falsifying water samples.The Charleston Gazette-Mail…

The trial has been postponed for an employee at a Raleigh County coal industry laboratory accused of falsifying water samples.

The Charleston Gazette-Mail reports 62-year-old John Brewer will be tried in federal court beginning Aug. 8.

Brewer, a manager at Appalachian Laboratories Inc., is accused of conspiracy to violate the Clean Water Act, mail fraud and making false statements. He has pleaded not guilty.

Brewer’s trial had been scheduled for July 11, but his attorney John Wooten says more time was needed to prepare.

Brewer could face up to 30 years in prison and a $1.5 million fine if convicted of all seven counts in a federal grand jury indictment.

Former lab employee John W. Shelton is currently serving one year and nine months in prison for tampering with water samples.

Another Coal Lab Employee Charged in Water Testing Scheme

Another employee at a Raleigh County coal industry laboratory has been charged for his part in a scheme to falsify water samples.The Charleston…

Another employee at a Raleigh County coal industry laboratory has been charged for his part in a scheme to falsify water samples.

The Charleston Gazette-Mail reports 62-year-old John Brewer, a manager at Appalachian Laboratories Inc., faces seven counts in a federal grand jury indictment.

He is accused of conspiracy to violate the Clean Water Act, mail fraud and making false statements.

Former lab employee John W. Shelton is currently serving one year and nine months in federal prison for tampering with water samples. Under a plea agreement, Shelton admitted to falsifying coal company water quality reports.

Brewer previously testified to no wrongdoing before a state appeals board.

The lab’s sampling and analysis ensures that pollutant discharges from coal mines into public waterways don’t exceed permitted limits.

Environmentalists Sue for Cleanup at Bankrupt Mine Sites

Environmental groups are taking legal action to require the West Virginia Department of Environmental Protection to treat water pollution at bankrupt coal mines in Barbour, Nicholas and Preston counties.

News outlets report that West Virginia Highlands Conservancy, West Virginia Rivers Coalition and the West Virginia Chapter of the Sierra Club filed two lawsuits in two federal courts on April 20. The plaintiffs accuse West Virginia of violating the Clean Water Act by allowing excessive amounts of pollutants to discharge from the abandoned coal mine sites.

Calling for more funding for water treatment, the lawsuits say seven former mine sites in the state are discharging excessive pollutants into various creeks and streams.

WVDEP spokeswoman Kelley Gillenwater declined to comment on the lawsuits.

W.Va. and Eight Other States Suing Over Water Regulations

West Virginia and eight other states are suing over new water regulations criticized as overly burdensome on farmers and landowners.On Tuesday, West…

West Virginia and eight other states are suing over new water regulations criticized as overly burdensome on farmers and landowners.

On Tuesday, West Virginia Attorney General Patrick Morrisey announced the lawsuit against the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers. It was filed in southern Georgia federal court.

The rule would expand federal authority over the bodies of water the EPA can legally regulate, aiming to protect small streams, tributaries and wetlands.

The states say the rule violates the Clean Water Act, the Administrative Procedure Act and the Constitution.

West Virginia joins Alabama, Florida, Georgia, Kansas, Kentucky, South Carolina, Utah and Wisconsin in the lawsuit.

Thirteen other states filed a similar challenge Monday, as did another group of three states.

The rule takes effect Aug. 28.

EPA’s New Water Protection Rule Opposed by W.Va. Senators

The Environmental Protection Agency has clarified a rule in the Clean Water Act that adds protection for the thousands of miles of streams that feed into…

The Environmental Protection Agency has clarified a rule in the Clean Water Act that adds protection for the thousands of miles of streams that feed into West Virginia’s drinking water source. But West Virginia’s U.S. senators are speaking out against it.

The U.S. Environmental Protection Agency finalized the “Waters of the United States” (WOTUS) rule, a measure to define which waterways fall under the jurisdiction of the EPA and the Army Corps of Engineers under the Clean Water Act. The agencies say it will make it easier to identify protected waters and will make those protections consistent with the law. But U.S. Senator Joe Manchin, D-W.Va., believes the EPA is once again overstepping its boundaries by expanding the definitions of water sources it can regulate.

In a news release, Manchin said he worries that the rule will negatively impact West Virginia’s economy. Sen. Shelly Moore Capito, R-W.Va., echoed Manchin’s concerns in her own news release.

However, West Virginia Rivers Coalition member Angie Rosser said she was disappointed with the response of her political leaders. She said the reaction was short-sighted and that senators need to think more long-term about our water supply.

“We need to use [water] as an economic driver for the state. No one wants to live or work in a state with dirty or unsafe water,” she said.  

In a press release, Rosser pointed out that the EPA collected more than a million comments about the Waters of the United States rule, with 87 percent of the respondents voicing their support for it.

West Virginia’s senators supported legislation introduced in April that would effectively block the new rule.

U.S. Appeals Panel Stands by EPA in Coal Ruling

A federal appeals court is declining to stand in the way of the Obama administration’s efforts to block water pollution from mountaintop removal coal mining.

A panel of the U.S. Court of Appeals for the District of Columbia issued the ruling Friday, according to The Charleston Gazette.

It concluded that the Environmental Protection Agency was within its authority to consult with the U.S. Army Corps of Engineers about Clean Water Act permits for mining operations.

The panel rejected a 2012 District Court ruling that that the EPA had overstepped its authority under federal water pollution and strip mining laws when the agency tried to reduce water pollution from Appalachian coal mining operations.

West Virginia and Kentucky are among those that challenged the EPA’s actions.

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