By Taylor Kuykendall

A group of concerned citizens in Ohio say they want increased scrutiny on a coal project proposed by a Pennsylvania company connected to a chemical spill that tainted the drinking water of more than 300,000 people in West Virginia.

J. Clifford Forrest controls both Chemstream Holdings Inc. and Rosebud Mining Co., the latter of which purchased Freedom Industries in late 2013. A tank storing 4-methylcyclohexane methanol and polyglycol ethers, chemicals that are used in metallurgical coal preparation, leaked near a water intake in Charleston, W.Va., prompting continuing water issues for residents of the state's largest city.

The Carroll Concerned Citizens, or CCC, an organization in Carroll County, Ohio, has asked the Ohio Department of Natural Resources, or ODNR, to apply special conditions to the proposed Rosebud project. In a Feb. 10 letter from CCC attorney Richard Sahli, the department was asked to apply "greatly enhanced scrutiny" as to whether the company would reproduce in Ohio "the type of sordid events being revealed in Charleston."

In addition to expressing doubt about management's commitment to corporate responsibility, the CCC raises questions about whether financial stress on the company resulting from the spill will allow Rosebud to invest in what is needed to mine safely in Ohio.

"The costs of future litigation and of potential liability will inevitably affect Rosebud Mining's ability to fund a safe operation if the coal mining permit is ever granted," Sahli wrote. "The big question today in Carroll County is: Can a company facing such enormous liabilities be counted upon not to cut corners on the protections for Carroll County's irreplaceable groundwater sources?"

Sahli wrote that Forrest's actions in response to the Charleston action should serve as a warning regarding his future endeavors.

"Forrest's recent actions surrounding Freedom Industries … demonstrate that Rosebud is part of a corporate culture that is both very skilled in developing legal structures to obscure its liabilities and is willing to attempt to evade responsibility when communities are harmed," Sahli wrote. "If these corporate actors are willing to conceal their role in a sensational matter of intense national interest in Charleston, how can they be counted on to shoulder their responsibility in Carroll County if they slowly pollute or dewater local aquifers?"

Rosebud has numerous mine applications pending before the ODNR. In this case, the CCC is urging the ODNR to suspend the application until the federal investigation of the Charleston spill is completed, and to provide for additional review of Rosebud's finances and additional financial and permitting requirements.

According to a filing with the U.S. Bankruptcy Court in the Southern District of West Virginia, numerous major coal producers including Arch Coal, CONSOL Energy and units of Alpha Natural Resources are listed creditors in Freedom's bankruptcy

The ODNR said its review of the Rosebud application "is continuing and is far from complete. We just received the [CCC] letter and are reviewing it as well."

Forrest did not immediately respond to a request for comment.