The Justice Department announced Wednesday it is suing the son of Gov. Jim Justice (R-WV) and 13 coal companies he owns to collect “unpaid civil penalties,” according to records assessed by the Department of the Interior.
The suit comes as Justice, who is popular among West Virginia voters, announced last month he will challenge Sen. Joe Manchin (D-WV), who is often the swing vote on key legislation in Congress.
Attorneys for the DOJ’s Environment and Natural Resources Division filed the 128-page suit against James C. Justice III and 13 coal companies he owns and operates for what the division alleged is “over 130 violations of federal law” that posed health and safety risks to the public and environment.
“Our environmental laws serve to protect communities against adverse effects of industrial activities, including surface coal-mining operations,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Through this suit, the Justice Department seeks to deliver accountability for defendants’ repeated violations of the law and to recover the penalties they owe as a result of those violations.”
The suit seeks to recover “$4,376,328 in uncontested corporate civil penalties, $1,419,959 in uncontested individual civil penalties, and $190,759.97 in uncontested AML reclamation fee and audit debts,” as well as unpaid pre-judgment interest, late payment penalties, and administrative expenses owed by defendants.
A 2020 investigation by ProPublica found that Justice’s coal-mining operations, farming, and hospitality companies were entangled in more than 600 lawsuits across more than two dozen states. Other challenges involve lenders attempting to collect hundreds of millions in debt and court orders for environmental penalties.
Justice’s Senate campaign released a statement accusing President Joe Biden, Senate Majority Leader Chuck Schumer (D-NY), and Democrats of “panicking” as early polls have shown Manchin faces a stiff challenge against Justice, who is seen as a favorite to win Manchin’s Senate seat in 2024.
“So now the Biden Justice Department has decided to play politics. We will see a lot more of this as the Democrats work to help Alex Mooney because they know they can easily beat him,” Roman Stauffer, Justice’s campaign manager, wrote in a statement.
The governor is not named in the suit but remains involved in the family businesses and, as a result, could become tied in the litigation.
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Justice held a commanding 22-point edge over Manchin, 54% to 32%, in a recent East Carolina University poll and has a positive job approval rating of 57%, with 29% disapproving.
It is not clear who will represent the governor’s son in the case, according to court records.
