Speak Up for Fish & Wildlife: Polluters Shouldn’t Set the Rules

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Speak Up for Fish and Wildlife: Polluters Shouldn’t Set the Rules

The WV Department of Environmental Protection (DEP) is proposing to weaken protections against selenium pollution, a byproduct of coal mining, at the request of the coal industry. DEP's new proposal, which is now up for comment, would allow higher levels of selenium in streams — changing the limits from 8.0 to 9.5 micrograms per gram in fish tissue — despite the well-documented harm it causes to aquatic life.

In the image above, you can see a Creek Chub with a crooked spine, collected by WV Rivers' Senior Scientist, Than Hitt, and a colleague during his time at the United States Geological Survey (USGS).

What you see in that photo is the result of selenium toxicity in West Virginia's Mud River, and this is what happens when polluters write the rules.

Selenium bioaccumulates, building up in the bodies of fish and waterfowl over time. It doesn’t come from the water they drink or breathe through their gills; it comes from their food: algae, bugs, and other fish. Once it builds up, it causes abnormalities, like spinal deformities that prevent fish from swimming properly. During the more sensitive and developmental life stage, the body burden of Selenium can be transferred to eggs, impacting entire generations.

This is not just bad policy — it’s deceptive. Instead of cleaning up pollution, the coal industry wants to regulate itself out of responsibility. They’re trying to rewrite the rules to legalize harm to wildlife with this new rule. We observed this strategy in use during the 2025 legislative session, when industry lobbied for rollbacks of Category A drinking water protections.

🗣 Take action during the DEP comment period. Tell DEP to reject this dangerous change to the 2026 Water Quality Standards and stand up for healthy streams, fish, and future generations.

How to Submit Your Comment: Comments on the Rules Governing Water Quality Standards (47 CSR 02) will be directed to Dawn Newell with the Division of Waste Water Management for WVDEP. Fill out the form, personalize your letter, and click "Take Action" to send your message. If you have any questions about this process, please contact us at wvrivers@wvrivers.org.

You can also contact Dawn Newell by emailing Dawn.A.Newell@wv.gov.

Fill out this form, customize your comment for added impact, then click "Take Action" to send your email to WVDEP.

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Dawn Newell, WVDEP

Subject: Comments on Proposed Rule Changes to Governing Water Quality Standards (47 CSR 02)

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I’m writing to strongly oppose the proposal to raise the limit on selenium pollution in our streams, as outlined in the Rules Governing Water Quality Standards (47 CSR 02). Selenium is a well-known pollutant from coal mining that builds up in aquatic organisms, causing severe harm to fish and waterfowl. Although it may not pose an immediate risk to human health, it has devastating effects on wildlife, particularly species that rely on clean streams for survival. The coal industry’s request to loosen these limits amounts to an effort to legalize ongoing pollution instead of addressing it. This change would allow more damage to our streams and ecosystems, particularly in areas already burdened by mining activity. It is unacceptable to put wildlife at risk to serve polluter profits. I urge DEP to protect aquatic life and uphold science-based standards, not weaken them for the benefit of the coal industry. Please maintain or strengthen the current selenium limits in the 2026 Water Quality Standards and reject any attempts to weaken protections for West Virginia’s waterways.

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Speak Up for Fish and Wildlife: Polluters Shouldn’t Set the Rules

Sorry, we're not targeting any representatives in your district. But, you can still help!

The comment period for this document is now closed. But, you can still help!

Speak Up for Fish and Wildlife: Polluters Shouldn’t Set the Rules

Sorry, we're not targeting any representatives in your district. But, you can still help!

The comment period for this document is now closed. But, you can still help!

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