westvirginiawatch.com – Lori Kersey – 2025-04-16 15:08:00
by Lori Kersey, West Virginia Watch
April 16, 2025
West Virginia’s Gauley River has been named to a conservation organization’s list of the most endangered rivers in the country this year.
The river is 10th on the list of America’s Most Endangered Rivers for 2025. The river is threatened by coal mining pollution in one of its tributaries, the Cherry River, according to the organization.
Each year, American Rivers sets the list of rivers that face a major decision that the public can influence. The list is based on the significance of the river to people and wildlife, and the magnitude of the threat.
The West Virginia Highlands Conservancy and Appalachian Voices is suing the South Fork Coal Company, which operates more than 3,000 acres of surface mines in Greenbrier and Pocahontas counties outside the Monongahela National Forest, over alleged violations of the Clean Water Act and Surface Mining Control and Reclamation Act.
The mines have violated water pollution standards at least 80 documented times since 2019, releasing sediment and toxic heavy metals into the river, according to a news release.
The groups have challenged the U.S. Forest Service decision to grant the company access to use a national forest road as a haul road without complying with environmental protection laws. The company was first granted access to the road in 2013 based on an application that falsely claimed it did not cross into the forest, said Olivia Miller, program director for the West Virginia Highlands Conservancy. The access was renewed in 2018 and 2023.
The company has been permitted to operate the Rocky Run Surface Mine, the mine at the center of the lawsuits over pollution, since 2021.
The road was temporarily shut down, but reopened after the company appealed to the Department of Interior, Miller said.
The environmental groups’ lawsuits have been stayed after the coal company filed for chapter 11 bankruptcy in February.
“We’re waiting to see what happens with the bankruptcy proceedings. So this could be tied up in court for years, and meanwhile, they are still hauling coal,” Miller said.
The Office of Surface Mining, Reclamation and and Enforcement (OSMRE) has a public comment period underway now about the coal company’s request for a valid existing rights determination to continue using the road. Mining activity in the national forest is prohibited, exempt for a few exemptions.
“For four years, this company has illegally operated within the Monongahela National Forest,” Willie Dodson, coal impacts program manager at Appalachian Voices said in a news release. “Now, having just declared bankruptcy, South Fork Coal is asking regulators to retroactively validate this activity. It’s unacceptable. If they get away with it, I shudder to think what the next encroachment by the coal industry into our public land will be. Are they going to strip Spruce Knob? Are they going to put a sludge dam at Cranberry Glades? This is the time to draw a line in the sand.”
Miller said the river being added to the endangered list will help alert policy makers and the public of the river’s plight.
“The Gauley’s listing specifically will hopefully draw national attention to ongoing problems that we’re seeing with this company and encourage the public and policymakers to step up before any more irreversible harm occurs in this sensitive area,” Miller said.
“We are asking OSMRE to deny the after-the-fact request that the company can continue using this road,” Miller said. “So right now, we need as much public comment as possible to pressure the OSMRE to deny their valid existing rights request.”
A representative of South Fork Coal Company could not immediately be reached for comment.
The Gauley River draws tens of thousands of white water rafters each year for its world class rapids. The river and its tributaries are also popular fishing destinations. Miller said pollution puts the river’s recreation opportunities at risk.
“The outcome of this valid existing rights determination will reverberate far beyond West Virginia, and I think will really set a precedent for better or for worse on mining and public lands,” Miller said. “And I really don’t believe that the people of West Virginia want to see the Monongahela National Forest impacted or mined. As somebody who grew up in the Mon in Tucker County, that would be just completely devastating and earth shattering for me to see happen in my lifetime.
“So now is the time for people to come together and protect our outdoor recreation economy and activities like rafting, fishing and hiking, hunting that people from West Virginia love, and these are activities that thrive on clean, healthy ecosystems,” Miller said.
The Gauley River listing comes days after President Donald Trump signed a series of executive orders meant to bolster the nation’s struggling coal industry. The orders allow some older coal-fired power plants set for retirement to keep operating and directs federal agencies to lift barriers to coal mining and prioritize coal leasing on U.S. lands.
“Coal is the dirtiest of fossil fuels,” Miller said. “Even though most of our state leaders would like to ignore climate change, we cannot ignore it any longer and this push to ‘bring back coal’ is only going to cause more pain and suffering for people in West Virginia and across the world,” she said. “And I think the recent executive orders really exemplifies the tension between efforts to bolster domestic coal production again and the need to protect public lands and water resources.”
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