Black Warrior Riverkeeper, Warrior Met Coal Reach Settlement In Federal Lawsuit

TUSCALOOSA, AL — Black Warrior Riverkeeper and Warrior Met Coal have lodged a proposed Consent Decree in federal court which would require the coal producer to fix its leaking coal slurry impoundment and stop discharging polluted wastewater without a permit at Mine No. 7 near Brookwood in Tuscaloosa County.

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Black Warrior Riverkeeper says the court will consider the proposed settlement after a 45-day public comment period by the U.S. Department of Justice.

The environmental advocacy nonprofit says unpermitted discharges from Mine No. 7’s approximately 160-acre Slurry Impoundment No. 14 flow into an unnamed tributary that eventually feeds into Texas Creek — a tributary of Davis Creek.

From there, Davis Creek feeds into the Black Warrior River at Holt Lake.

“Texas Creek and Davis Creek are streams regularly enjoyed by locals and wildlife,” Black Warrior Riverkeeper Nelson Brooke said. “Getting Warrior Met Coal’s unpermitted wastewater under control is vital to the protection of these beautiful creeks.”

Slurry Impoundment No. 14 combines and holds wastewater from all aspects of underground mining and coal preparation.

The lawsuit was initially filed in 2022 over the coal mine’s unpermitted discharges, which Black Warrior Riverkeeper claims do not comply with the federal Clean Water Act of 1972 and the Surface Mining Control and Reclamation Act of 1977.

Black Warrior Riverkeeper is requesting that Warrior Met Coal implement an action plan approved by the federal Mining Safety and Health Administration, which includes the installation of a liner to fix the leaky dam holding back millions of gallons of coal slurry.

If approved, Warrior Met Coal will then conduct sampling after the action plan is complete to help evaluate the success of the liner in stopping the discharges.

What's more, the nonprofit says the coal producer has also agreed to enroll in Alabama’s Dam Safety Program in an effort to add another layer of inspections and requirements for the maintenance and care of Slurry Impoundment No. 14.

Lastly, Warrior Met will pay $250,000 as part of the settlement to the Freshwater Land Trust for the establishment of a supplemental environmental project (SEP) in the Black Warrior’s Davis Creek subwatershed and reimburse Black Warrior Riverkeeper for $28,000 in costs and attorneys’ fees.

“We are very pleased that WMC is willing to fix the problem and to establish a SEP that will give back to the Davis Creek area," Black Warrior Riverkeeper’s Staff Attorney Eva Dillard said.

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