West Virginia Record

Friday, October 18, 2019

County Commission wants mining company to produce documents


By Bree Gonzales | Jan 21, 2019

FAYETTEVILLE — A county commission is suing a mining company, citing alleged noncompliance with civil investigation requirements.

The County Commission of Fayette County, West Virginia, filed a complaint in Fayette Circuit Court against Seminole West Virginia Mining Complex LLC alleging that it failed to respond to an issued and served civil information demand.

According to the complaint, the commission alleges that on Dec. 15, 2017, a Civil Investigation Ordinance became effective to enforce the requirements of a civil information demand properly issued and served. Pursuant to the ordinance, the prosecuting attorney was authorized to inspect, and based on his investigation has uncovered that the Page/Kincaid Public Service Water District's supply has been compromised by contaminants that the defendant may have contributed. Seminole was served with Civil Information Demand 002 on Nov. 5, 2018, requiring the production of records as they relate to the mining activities on the Loop Creek and Johnson Fork watersheds near the said water supply. The production of the document was required Dec. 5, 2018. 

The plaintiff holds Seminole West Virginia Mining Complex LLC responsible because it allegedly has not given any correspondence despite its receipt of the service of its Civil Information Demand 002.

The plaintiff seeks the issuance and enforcement of the following injunctive and declaratory relief: requiring the defendant to comply with Civil Information Demand 002 and imposing upon the defendant the permanent bar against an assertion of any legal privilege or other lawful basis for failing/refusing to produce the demanded documents, and litigation costs. It is represented by Michael O. Callaghan of Neely & Callaghan in Charleston.

Fayette Circuit Court Case number 18-C-2017

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Fayette Circuit Court Neely & Callaghan

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