Feds: Justice coal companies have no defense against move to hold them in contempt

Gov. Jim Justice stands with his family — daughter Jill, wife Cathy and son Jay — at his final State of the State address in Charleston, W.Va., on Jan. 10, 2024. (Office of the Gov. Jim Justice)

Federal attorneys asking a court to hold 23 of West Virginia Gov. Jim Justice’s family-owned coal companies in contempt for nonpayment of health and safety fines entered a filing this week saying the companies shouldn’t have entered into a payment plan if they knew they couldn’t honor it.

The filing, entered Tuesday in the U.S. District Court for the Western District of Virginia and first reported by West Virginia MetroNews, comes in response to a memorandum filed last week by Justice family attorneys. In that filing, they contend that the companies in question are too broke to pa y the nearly $600,000 they still owe to the government.

In Tuesday’s filing, the federal attorneys say this claim has been made with no evidence and, as such, should not be considered as a valid defense against putting the companies in contempt. Further, the companies should not have entered into a settlement agreement in 2020 if they knew they would not be able to pay what they owe on the set schedule.

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