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The Epoch Times
The Epoch Times
31 May 2023


NextImg:Biden Administration Sues Companies Owned by Republican Running for US Senate

President Joe Biden’s administration has sued more than a dozen companies owned by the Justice family, including West Virginia Gov. Jim Justice, a Republican running for the U.S. Senate.

The U.S. Department of Justice (DOJ) says in the lawsuit that the companies and Justice’s son, who is the primary controller of many of the businesses, violated federal law by not paying penalties assessed for issues like not ensuring the stability of a dam and ignoring orders to halt mining until the problems were resolved.

A & G Coal Corp. and the other companies owe money for over 130 violations, which were assessed starting in 2018, according to the 128-page suit that was filed on May 30 in a U.S. court in Virginia.

The administration is asking the court to award more than $5.7 million in addition to interest, late payment penalties, and administrative expenses.

“Our environmental laws serve to protect communities against adverse effects of industrial activities including surface coal mining operations,” Assistant Attorney General Todd Kim, of the DOJ’s Environment and Natural Resources Division, said in a statement. “Through this suit, the Justice Department seeks to deliver accountability for defendants’ repeated violations of the law and to recover the penalties they owe as a result of those violations.”

James Justice III and the companies could not be reached. No contacts are yet listed on the court docket.

President Joe Biden (L) and First Lady Jill Biden (R) arrive at the White House South Lawn in Washington on May 30, 2023. (Madalina Vasiliu/The Epoch Times)

Jim Justice, 72, isn’t listed as a defendant, but he is the co-owner of multiple companies named in the suit.

Justice told an unrelated briefing on Wednesday that he did not know the details of the accusations but that he expected to be briefed by his son.

“I’ve announced as a Republican that I’m running for the U.S. Senate, and the Biden administration is aware of the fact that with a win for the U.S. Senate and everything, we could very well flip the Senate,” the governor said. “This could be something in regard to that.”

“We’re a big target,” Justice added later. “We’re an even bigger target today.”

The National Republican Senatorial Committee offered a similar view.

“Joe Biden’s Department of Justice has gone totally rogue. Democrats weaponizing the federal government to attack the family of a Republican Senate candidate is a complete abuse of power,” Tate Mitchell, a spokesman for the group, said in a statement.

The DOJ and White House did not respond to requests for comment.

Democrats hold a slim 51–49 majority in the upper chamber. Republicans hope a GOP candidate in 2024 can flip the seat currently held by Manchin, 75. The Democrat has not yet decided whether to run for another term. Justice is one of several Republicans who are vying in the Republican primary for the seat.

Manchin won the 2018 race with 49.6 percent of the vote, beating West Virginia Attorney General Patrick Morrisey.

Justice, a billionaire who has a net worth of approximately $500 million, launched his campaign in April. He was a Democrat until 2017.

Sen. Joe Manchin (D-W.Va) arrives for a Senate Armed Services Committee briefing on Ukraine at the U.S. Capitol in Washington on March 2, 2023. (Stefani Reynolds/AFP via Getty Images)

With regard to the companies, Justice said that his family would resolve any issues that arise.

“I’ll promise you to God above that absolutely anything about our waters, our environment, in any way, our workers—no matter what it may be—we will absolutely take care of it,” he said.

“My son and my daughter and our companies and everything will always fulfill obligations, every single one,” he also said.

According to the complaint, a raft of issues have gone unresolved, including preventing surface water from eroding roads, discharging outside permitted areas, clearing rock and debris from roads after a rock fall, and properly disposing waste.

The companies also failed to make sure permits complied with the Clean Water Act requirements, provide certified reports on impoundments, and remove excess sediment from basins, the government said. The violations occurred in Tennessee.

The notices of violations were issued under the Surface Mining Control and Reclamation Act of 1977. After receiving a notice, companies have time to resolve the problems and, if they do not, they can be ordered to halt mining activity until the resolution of the violations.

The defendants not only did not challenge the notices, but failed to pay fines assessed after failing to correct the issues, government officials say.

Gov. Justice and his son were ordered in 2021 to pay $2.9 million over violations at mines they operate in Kentucky. A county judge found the companies did not carry out agreed upon actions, including keeping tabs on water quality. A federal appeals court ruled in April that the companies must pay $2.5 million in penalties for violating the Clean Water Act in multiple states.