An Alabama federal judge has ruled that Drummond Company is violating the Clean Water Act at its Maxine Mine site by continuously discharging acid mine drainage into the Black Warrior River’s Locust Fork. In an order issued May 7, Judge Abdul Kallon rejected Drummond’s arguments that the Clean Water Act does not apply to ongoing pollution originating from a substantial coalmine waste pile left when mining operations ceased.
The lawsuit was filed in 2016 by Black Warrior Riverkeeper, represented by SELC and Public Justice. This week’s ruling granted Black Warrior Riverkeeper’s motion for summary judgment seeking to hold Drummond liable for these discharges. Additional liability claims by Black Warrior Riverkeeper, as well as the determination of an appropriate remedy for the site, will be determined later at trial.