New Revelations Surface In Warrior Met Coal Pollution Case

TUSCALOOSA, AL — Environmental advocates say new revelations point to continued illegal wastewater discharge from Warrior Met Coal that is polluting a creek near Brookwood.

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Black Warrior Riverkeeper informed its numerous followers this week that it now appears that there are petroleum chemicals being discharged into a small tributary of Texas Creek — a new development in the advocacy group's longtime fight against the west Alabama coal producer's operations.

Both Texas Creek and nearby Davis Creek are tributaries that flow into the Black Warrior River.

Black Warrior Riverkeeper Nelson Brooke told Patch on Thursday that the discharge has been ongoing for over a year but the alarming new information is that there is some sort of petroleum product that is also being discharged.

"Locals have reported smelling a strong, overwhelming chemical odor and yesterday was the first time I caught it," he said.

Following the discovery of possible petroleum chemicals, a new complaint was filed with the Alabama Department of Environmental Management alleging the wastewater is flowing through a former beaver pond into a tributary, which runs next to Milldale Road off of Highway 216.

"This is not an isolated incident, and has been happening for at least several weeks according to locals," the complaint reads. "The stench of chemicals is overwhelming, and a very noticeable rainbow sheen ... was on the surface of the water."

Brooke explained that the likely source of the discharge is Warrior Met Coal's Mine No. 7’s Slurry Impoundment No. 14 , which receives all of the wastewater from the entire large-scale mining operation.

"The rainbow oil sheen is a new development," he said. "If there are people that live along Texas Creek or Davis Creek that have wells or who pull water from the creek, they should probably use caution. We’re ready for the company to stop its illegal discharge and the only way for them to do that is to shut down the operation, drain [the pond] down and dig down to assess where the leakages are coming in from the dike around the pond. They would have to stop the mine's operations and, of course, they don’t want to do that because they are making so much in profits."

Indeed, Warrior Met Coal in its third quarter earnings report said total revenues were $390.2 million for the third quarter of 2022, which is nearly double the $202.5 million reported in the third quarter of 2021. This news come despite unprecedented economic turbulence and an ongoing labor union strike at the company that is well into its second year.

“We were able to deliver an extremely strong quarter, both in terms of financial results and better-than-expected production, despite experiencing continued shipment delays as a result of rail transportation and port maintenance and congestion issues,” Warrior Met Coal CEO Walt Scheller told investors in November. “The benefits of our efficient operating model and our high quality assets are notable, and we believe that they will continue to drive value for shareholders.”

The push by Black Warrior Riverkeeper for accountability from the company has been widely publicized, however, especially in the wake of a federal lawsuit filed in September alleging Warrior Met Coal continues to violate the federal Clean Water Act and the Surface Mining Control and Reclamation Act of 1977.

As Patch previously reported, Black Warrior Riverkeeper is demanding Warrior Met Coal be ordered to halt any and all unpermitted wastewater discharges, in addition to taking appropriate measures to stop its violations of applicable environmental laws.

Warrior Met Coal in October moved to have the lawsuit dismissed, but saw its motion denied by District Judge Scott Coogler.

According to the latest court filing, a jury trial in the case is tentatively set for April 8, 2024.

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