Investigations

DOJ Halts Criminal Probe of Senator Jim Justice’s Coal Operations

The Trump administration terminated a joint EPA-DOJ inquiry into potential criminal violations by Southern Coal, citing a lack of evidence and alignment with new enforcement priorities, despite prior internal assessments of a strong case.

Author
Jonah Pike
Investigations Editor
Published
Draft
Source: ProPublica · original
Trump Administration Killed Criminal Investigation of GOP Senator’s Coal Companies
Federal prosecutors were told to ‘pencils down’ on Clean Water Act investigation into West Virginia senator’s mining empire

The Trump administration has terminated a federal criminal investigation into potential Clean Water Act violations by coal mining companies owned by West Virginia Senator Jim Justice. The probe, a joint effort between the Environmental Protection Agency and the Department of Justice, was shut down by the Office of the Deputy Attorney General, which instructed prosecutors to cease their efforts. Officials cited a lack of evidence and stated the matter was better suited for civil resolution, aligning with the administration's priorities. The decision follows a pattern of easing enforcement against political allies while pursuing adversaries.

Jim Justice coal industry Department of Justice environmental violations Trump administration Jim Justice Jay Justice Southern Coal Department of Justice Environmental Protection Agency Donald Trump Todd Blanche Robert Tracci Steven Ruby Emily Covington Robert Fowler politics

Current and former officials familiar with the matter stated that prosecutors believed they had a strong case and had initially received approval from Robert Tracci, the top DOJ official in the Western District of Virginia. The investigation was halted after the company’s lawyers opposed subpoenas for records; the Office of the Deputy Attorney General, then headed by Todd Blanche, intervened and told prosecutors to “pencils down.” The DOJ cited a lack of evidence and characterised the investigation as a “politically motivated prosecution” driven by former Biden administration priorities.

Steven Ruby, an attorney for the Justice companies, claimed the inquiry found no evidence to pursue criminal charges and denied any intentional wrongdoing. He argued that the companies were singled out due to Senator Justice’s political profile, noting that environmental compliance issues exist throughout the industry. Ruby stated that the company convinced the DOJ to drop the case while simultaneously objecting to subpoenas in court.

Former chief of environmental compliance Robert Fowler alleged in a 2023 civil suit that Jay Justice blocked necessary spending for environmental compliance, leading to near-daily violations. Fowler claimed he was concerned about potential civil and criminal liability due to the circumstances. The Justice companies denied Fowler’s accusations, dismissing them as the claims of a disgruntled former employee.

A jury in Alabama recently found that the Justice companies made false representations to Fowler regarding his role, though the judge has not yet entered a final ruling on damages. Jay Justice has been cited for contempt of court in Alabama for failing to respond to lawsuits regarding Clean Water Act violations. The case is currently in mediation.

Emily Covington, a DOJ spokeswoman, stated there was no case for criminal investigation, describing it as a politically motivated prosecution that should be resolved civilly. She added that the Deputy Attorney General’s office determined the case was not consistent with the Trump administration’s priorities. Spokespeople for the EPA and the Western District of Virginia referred questions to the DOJ, while Senator Justice’s office did not respond to requests for comment.

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