A federal judge has for the first time ordered a West Virginia coal operator to stop discharging illegal levels of the toxic mineral selenium into state streams. By  Staff writer A federal judge has for the first time ordered a West Virginia coal operator to stop discharging illegal levels of the toxic mineral selenium into state streams.

U.S. District Judge Robert C. Chambers gave Apogee Coal Co. four months to clean up its selenium discharges in Logan County.

Chambers gave Apogee, an arm of Magnum Coal, 30 days to submit a plan containing a compliance schedule. The company has 90 days after that to implement the plan or show the judge why it cannot do so.

"In passing the [Clean Water Act], Congress made a clear policy choice in favor of environmental protection," Chambers wrote in a 20-page decision. The judge added, "There is no exception to permit compliance because such compliance is expensive."

Chambers issued his ruling on May 27 in one of two lawsuits environmental group lawyers have filed against Magnum Coal operations over the company's repeated selenium discharge violations.

The Ohio Valley Environmental Coalition and the West Virginia Highlands Conservancy filed citizen suits against mine operators after inaction by the state Department of Environmental Protection to stop the violations.

"DEP has been trying to get out of actually enforcing selenium limits in all of these permits," said Cindy Rank, mining chairwoman for the Highlands Conservancy. "We have to be grateful to Judge Chambers that he recognized that was just not adequate."

Selenium, a naturally occurring element found in many rocks and soils, is an antioxidant that is needed in very small amounts for good health. But in slightly larger amounts, selenium can be highly toxic. In humans, it can cause hair loss, nail brittleness and neurological problems such as numbness. In aquatic life, very small amounts of selenium have been found to cause reproductive problems.

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