Trump DOJ halted criminal probe into Sen. Jim Justice’s coal

DOJ shut – Prosecutors and investigators with the EPA and the Department of Justice began building a criminal Clean Water Act case tied to coal companies controlled by Sen. Jim Justice’s family. The inquiry was later shut down inside the DOJ, with prosecutors reportedly

On the days prosecutors were pushing toward subpoenas and evidence in a criminal Clean Water Act probe tied to Sen. Jim Justice’s coal empire, the work was not just moving forward—it was reaching the point where a criminal decision could have followed. Then, prosecutors were told to stop.

The Trump administration killed a federal criminal investigation earlier this year into the multistate coal mining operations owned by Sen. Jim Justice, a Republican from West Virginia and a close ally of the president. The probe examined potential criminal violations of the Clean Water Act by operations largely run by Justice’s son. Jay. according to current and former officials familiar with the matter.

For years. Southern Coal and dozens of affiliated mining operations controlled by the Justice family have been targeted in efforts to police serial pollution. Southern Coal is a Virginia-based company in the family’s network. and in the past decade it and other Justice corporations have racked up tens of thousands of alleged Clean Water Act violations. They have also been sued repeatedly by state and federal prosecutors over environmental laws at their mining sites.

What made the aborted investigation different was the step it represented—prosecutors and investigators with the Environmental Protection Agency. the Department of Justice’s Environmental Crimes Section. and the U.S. Attorney’s Office of the Western District of Virginia were jointly probing whether repeated antipollution violations had risen to criminal behavior. People familiar with the investigation told ProPublica that prosecutors believed they had a strong case. and they initially had the blessing of Robert Tracci. President Donald Trump’s top official in the Western District of Virginia. to move forward.

But as prosecutors fought the Justice companies in court over subpoenas for records, the Office of the Deputy Attorney General shut down the probe. The office, at the time, was led by Todd Blanche—before he assumed the role of acting attorney general in April.

A person familiar with the investigation said prosecutors were told “pencils down.” People familiar with the case also described the move as unusual. Because the DOJ only charges a dozen or so criminal Clean Water Act cases each year. top officials derailing a criminal investigation initiated by career officials at such an early stage is rare. those people said. Former federal prosecutor Rick Mountcastle—who spent 24 years as a prosecutor in the Western District of Virginia—said. speaking generally about DOJ protocols. “I’ve never heard of that happening before.” He added: “There shouldn’t be some sort of untouchables list of people who are immune from enforcement.”.

The Justice companies’ attorney said the companies learned of the criminal investigation earlier this year. Steven Ruby said that the government’s inquiry concluded there wasn’t any evidence to pursue criminal charges. “Ultimately the finding of the inquiry by the government was that there wasn’t any evidence to pursue criminal charges. ” Ruby said. “There’s never been any intentional wrongdoing by the companies.”.

Ruby said that while the company objected to subpoenas in court, it also convinced the DOJ to drop the case. “The Justice companies — because Sen. Justice has been governor and because he’s now a senator — are singled out and put under a microscope. and there’s news coverage of violations and consent decrees and compliance actions. ” Ruby said. “But the fact of the matter is that those kinds of issues exist throughout the industry.”.

Government officials familiar with the companies’ environmental record called the companies “routine bad actors,” according to current and former officials familiar with the matter.

Questions about the shut-down probe were directed through EPA and Western District of Virginia spokespeople, who referred requests to the DOJ. Justice’s senate office did not respond to questions.

In an email. DOJ spokeswoman Emily Covington said there was “no case to be made here for a criminal investigation.” “Any career prosecutor who would paint a criminal case as strong is simply a deep state prosecutor continuing to push the priorities of the Biden administration. ” she wrote. Covington said the deputy attorney general’s office routinely involves reviewing cases. In this matter. she said. the office determined the case was not consistent with the Trump administration’s priorities and that it was more appropriate to resolve through a less punitive civil process. “The bottom line is that this was a politically motivated prosecution for a case that can and should be resolved civilly. ” she wrote.

The Justice family’s coal enterprise stretches across the South, and estimates of its fortune have fluctuated. Forbes tallied Jim Justice’s net worth to be as much as $1.9 billion until 2021. and later declared him “broke” and facing $1 billion in debt. Environmental groups have accused his companies of misrepresenting assets to avoid paying environmental penalties.

Coal mines often leach dangerous chemicals like arsenic into waterways. and mines are required to strictly monitor pollution discharge and keep it under certain limits. The family’s companies have settled many accusations of environmental violations by paying fines and investing in better pollution prevention without admitting or denying culpability.

In recent years, however, the companies have repeatedly flouted regulators and the legal process. Jay Justice has been a no-show at court hearings involving Clean Water Act violations in the past. In 2024, a judge in Alabama issued a civil contempt order against him for repeated failure to respond to those lawsuits. Ruby said the violations in that Alabama case were attributed to surrounding facilities the family does not own. and he said the case is now in mediation.

The allegations that the Justice companies knowingly violated environmental laws have been a central threshold for whether a criminal matter could move forward. Such allegations surfaced in a 2023 civil case brought by the Justice companies’ former chief of environmental compliance, Robert Fowler. Fowler claimed Jay Justice blocked him from spending money necessary to comply with environmental laws. including making court-ordered payments and repairing equipment. According to emails disclosed in the lawsuit, near-daily violations of permit water requirements occurred at times.

In a resignation letter and in subsequent court filings. Fowler said he was concerned the circumstances exposed him to “potential civil and criminal liability.” Fowler declined to comment. The Justice companies denied Fowler’s accusations. and they believe the government’s criminal investigation was based primarily on Fowler’s claims. Ruby dismissed Fowler’s allegations as those of a “disgruntled” former employee.

Last month, a jury in Alabama found that the Justice companies had made false representations to Fowler about his role, but it did not award Fowler the millions of dollars in damages he demanded in his lawsuit. The judge has yet to enter the final ruling.

In the aborted investigation of Southern Coal. prosecutors and federal agents began gathering evidence. scrutinizing testimony in the Justices’ various civil trials. They also approached former employees seeking information, and government attorneys sent subpoenas seeking further documentation. People familiar with the probe said the subpoenas were opposed by the company’s lawyers.

People familiar with the case said DOJ attorneys were ready to fight the Justice companies’ lawyers over the subpoenas. But before that could happen, Blanche’s office shut it down.

Jim Justice Jay Justice Southern Coal Clean Water Act Department of Justice Environmental Crimes Section Environmental Protection Agency Todd Blanche Robert Tracci Western District of Virginia Emily Covington subpoenas