By Mike Tony, Charleston Gazette-Mail
CHARLESTON, W.Va. — West Virginia conservationists have filed a federal lawsuit against the U.S. Environmental Protection Agency, saying the agency has violated the Clean Water Act in its oversight of a local watershed spanning roughly 100,000 people.
Three environmental groups sued the EPA Monday, contending the EPA has not calculated maximum pollution amounts in the Lower Guyandotte River watershed that would allow the watershed to meet water quality standards.
The Lower Guyandotte River watershed occupies most of West Virginia’s Cabell and Lincoln counties, as well as the northern third of Logan County and small portions of Putnam, Boone, Kanawha and Mason counties. Major tributaries in the Lower Guyandotte River watershed include:
- Mud River
- Trace Fork
- Middle Fork/Mud River
- Fourmile Creek
- Big Harts Creek
- Big Ugly Creek
Pollution reduction targets not determined
The Sierra Club, West Virginia Highlands Conservancy and West Virginia Rivers Coalition say the EPA didn’t establish the watershed’s total maximum daily loads for ionic toxicity. Total maximum daily loads (TMDL) determine a pollutant reduction target and allocate load reductions for pollution sources.
The groups say the TMDLs should have been triggered, in part, by the state Department of Environmental Protection not submitting to the EPA any ionic toxicity TMDLs for the watershed.
