Representatives for Bluestone Coke, including Jay Justice, the son of West Virginia Gov. and U.S. Senate candidate Jim Justice, ignored a federal judge’s warnings and failed to fulfill all federal contempt requirements by the court’s Wednesday deadline, according to a Southern Environmental Law Center (SELC) attorney on Thursday.
Chief U.S. District Judge David Proctor held Jay Justice and Bluestone Coke in civil contempt on August 22 after Justice was a no-show in federal court. The SELC said the company has now violated four court orders in a Clean Water Act lawsuit filed by the SELC on behalf of Black Warrior Riverkeeper. Just before Wednesday’s deadline to produce requested documents, Bluestone finally provided long-delayed documents, which SELC lawyers are currently reviewing, but did not pay fees ordered by the court.
“While it is pitiful it took this level of scrutiny for Bluestone Coke to begin taking the court seriously, we’re grateful for Judge Proctor’s commitment to push this case forward,” SELC senior attorney Sarah Stokes said. “Bluestone is still in contempt for failing to pay fees ordered by the court. We are reviewing the documents Bluestone provided and hope they are in compliance with the court’s order. We will continue our fight holding the representatives of Bluestone Coke, including the Justice family, accountable for the ongoing pollution happening in Birmingham.”
The order was part of an ongoing lawsuit filed by Black Warrior Riverkeeper and Greater-Birmingham Alliance to Stop Pollution, represented by the Southern Environmental Law Center, against Bluestone Coke for allegedly violating the Federal Clean Water Act.
Although Bluestone Coke is not operating, the lawsuit filed in September 2023 alleges the plant is still discharging harmful and illegal pollutants. The plant has a permit to discharge wastewater into Five Mile Creek, which flows into the Locust Fork of the Black Warrior River. However, the company has violated that permit more than 390 times and is not maintaining an onsite wastewater treatment facility. Additionally, water sampling by Black Warrior Riverkeeper revealed pollutants in the discharge not allowed by the permit, including barium, strontium, and E. coli, according to the lawsuit.
The Birmingham coke plant is owned by the family of West Virginia Gov. Jim Justice, the 2024 Republican nominee for the U.S. Senate in West Virginia. Jim's son, James “Jay” Justice III, owns the plant.
According to a 2019 press release from the company announcing the purchase of the plant, the facility produces high-quality metallurgical coke, a key component in the operation of foundries, blast furnaces and the production of metals such as iron and steel.
“While Jay Justice and Bluestone Coke defiantly skirt court orders, their toxic pollution continues to taint North Birmingham communities and Five Mile Creek,” Black Warrior Riverkeeper Nelson Brooke said. “This industrial facility has polluted the air, land, groundwater, and streams in this area with impunity for far too long. It is time to hold Bluestone fully accountable for the proper cleanup of impacted communities and water resources.”
To connect with the author of this story or to comment, email caleb.taylor@1819News.com.
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