Parties agree to resolve W.Va. mine runoff lawsuit

Environmentalists and a landowner have agreed to resolve a lawsuit over runoff from a reclaimed mountaintop removal mine in Mingo County.

Under a proposed consent decree, Hernshaw Partners LLC will apply for a permit from the West Virginia Department of Environmental Protection to cover selenium discharges from the former mine site.

The agreement was filed Monday in U.S. District Court in Charleston. If approved by the court, the consent decree would end when Hernshaw Partners obtains the permit, or 18 months following the consent decree's effective date, whichever comes first.

The Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy and Sierra Club sued the company in 2013. The lawsuit alleged Hernshaw Partners discharged selenium from the site without a permit.