CHARLESTON – Sixteen families filed an appeal with the West Virginia Supreme Court of Appeals after accusing Dynamic Energy of contaminating their water.
The 16 families asked the state Supreme Court for another chance to prove their case against Dynamic on Jan. 24.
In 2016, a jury found that Dynamic was not responsible for the pollutants the families claimed they found in Clear Fork along Cedar Creek Road.
The Supreme Court will now consider the appeal and decide whether it will allow another civil trial in the matter.
The families claimed Dynamic violated state law and damaged wells, however, during the 2016 trial, the West Virginia Department of Environmental Protection testified that there was no link between the wells and a nearby surface mine.
The suit was filed in Wyoming Circuit Court in 2014. On May 16, 2016, the plaintiffs filed a motion to set aside verdicts and for a new trial, which was denied on Jan. 20, 2017.
W.Va. Supreme Court of Appeals case numbers: 17-0168, 17-0169