Judge Blocks Clean Water Act Permit for Mountaintop Removal Mine on Coal River Mountain

NAOMA, W.Va. - Today, a judge in the U.S. District Court for the Southern District of West Virginia ruled in favor of Coal River Mountain Watch, the West Virginia Highlands Conservancy, Appalachian Voices, and Sierra Club, blocking the U.S. Army Corps of Engineers' decision to grant a Clean Water Act permit for valley fills associated with the Turkeyfoot Surface Mine.

Mountaintop removal mining involves blowing up the tops of mountains to extract coal and dumping waste, dirt, and rocks - called mining spoil - into adjacent valleys and streams. The waterways where spoil is buried are called valley fills. Lawyers from Appalachian Mountain Advocates, representing the advocacy groups, successfully argued that - despite the Army Corps' past assurances - there is significant evidence of water quality standards violations and degradation of aquatic communities surrounding valley fills. The court held that the Corps did not adequately consider that evidence.

The Army Corps of Engineers previously authorized a Clean Water Act permit for four valley fills near the Alpha Metallurgical Resources' 1,086-acre Turkeyfoot Surface Mine on Coal River Mountain in 2023. The authorization allowed the mining company to dump mining spoil into more than 3.5 miles of local streams. The advocacy groups sued to challenge the project's Clean Water Act permit in February 2025 .

Decades of staunch grassroots organizing and other successful legal fights by affected communities, as well as other factors, have resulted in less frequent mountaintop removal mining proposals. Despite the consequences, the U.S. Army Corps of Engineers continues to issue Clean Water Act permits for large-scale surface mines with numerous valley fills, turning a blind eye to the well-documented negative effects on nearby communities and the environment.

"Our grandchildren deserve better than having their neighborhood mountains and streams blasted, buried, and polluted," said Debbie Jarrell, Co-Director of Coal River Mountain Watch . "These valley fills will pollute the receiving streams for decades, just as every valley fill before them has done. We don't have the luxury of waiting a generation to hope it gets better."

"The court has ruled in a common-sense way to protect West Virginia's most valuable natural resource, water," said Bill Price, Sierra Club West Virginia Chapter Chair. "Clean water is essential for good health, sustainable communities, and economic vitality. Right now, our state is experiencing a water crisis, with many families unable to access clean, usable water for daily living. It is critical that we invest in communities and protect our families from the harm caused by the continued use of valley fills."

"I've spent a lot of time in the communities around this mine in the course of my life, and I know quite a few people that live right there," said Mike Whitten, a retired coal and railroad worker from nearby Peytona, West Virginia, who volunteers regularly with conservation groups . "The people around here hunt, fish, gather mushrooms, pick berries.... everybody enjoys getting out and walking the woods. But when the industry comes in, it destroys the water, causes flash floods and creates so many problems. It's just really sad. You can't do without good water. I'd like to see these valley fill permits go away. I don't want to see the contamination continue."