A graphite manufacturer in Harrison County, West Virginia, has asked a federal judge to dismiss a lawsuit accusing the company of repeated Clean Water Act violations at a facility near Ann Moore Run.
Local environmental groups want the court to require Amsted Graphite Materials to comply with its discharge permit, stop alleged violations and pay penalties. The groups say records show hundreds of chemical-discharge violations from 2023 through 2026.
Amsted says it has agreements with the Environmental Protection Agency and the West Virginia Department of Environmental Protection to upgrade the plant and reduce its environmental impact. In its dismissal motion, the company argues that local groups cannot intervene to enforce federal environmental law.
Olivia Miller, executive director of the West Virginia Highlands Conservancy, said repeated permit exceedances raise questions about the adequacy of the facility's treatment system and potential harm to aquatic life.
Ann Moore Run flows through the West Fork River watershed. Environmental groups say downstream pollution could affect wildlife, recreation and fishing businesses.
Federal data value West Virginia's outdoor recreation economy at more than $2 billion annually.
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