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February 26 2016


Court Grants Madigan’s Request for Preliminary Injunction

Chicago — Attorney General Lisa Madigan filed a lawsuit against a Delaware coal company for a coal slurry release near an Illinois mine that resulted in the relocation of at least one resident.

Madigan’s office filed the lawsuit in Saline County Circuit Court against the American Coal Company (AmCoal), a Delaware-based company with mining operations in Saline County. The complaint alleges that an injection well located north of Bethel Road around the village of Raleigh, was leaking unknown quantities of coal slurry, a byproduct of coal preparation. The complaint further alleges the slurry flowed into the nearby Bethel Creek and contaminated soil and groundwater, resulting in at least one resident having to be relocated.

“Our first priority is to ensure that the contamination does not spread and further jeopardize public health and safety,” Madigan said. “This action will ensure that the company continues cleanup and monitoring while a remediation plan is put into place.”

In filing the complaint, the court also granted Madigan’s request for a preliminary injunction that will address environmental concerns while the litigation continues. The court’s order requires the defendant to continue 24-hour cleanup and remediation at the leak site and nearby impacted residence, providing regular updates to the Illinois Environmental Protection Agency (EPA). The defendant is also required to determine the cause and extent of the contamination and to submit to the Illinois EPA a plan for soil and groundwater monitoring.

The Illinois EPA referred the case to Madigan’s office after AmCoal reported the leak to state officials.

Assistant Attorneys General Raymond Callery and Scott Marsik are handling the case for Madigan’s Environmental Bureau.


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