FAYETTEVILLE – Fayette County has filed a suit against the operator of an underground coal mine in the county over allegations the facility has caused the contamination of groundwater.
The County Commission of Fayette County filed a complaint in Fayette Circuit Court against Seminole West Virginia Mining Complex LLC, Kenneth McCoy, Jason McCoy, Mike Isabell, Great Midwest Insurance Co., Ironshore Specialty Insurance Co and Doe insurers citing judicial abatement of a public nuisance within the county.
According to the complaint, Seminole West Virginia Mining Complex LLC operates an underground coal mine and associated surface facilities in western Fayette County. The plaintiff alleges the facility has caused iron, manganese and aluminum to pollute and contaminate groundwater within the county.
The plaintiff alleges defendant Seminole is liable for the public nuisance as declared by the Public Nuisance Abatement Ordinance and for remedial obligations.
The plaintiff is seeking injunctive relief and recovery of all abatement action actions. The plaintiff is represented by Fayette County Prosecuting Attorney Larry E. Harrah II.
The case was removed to U.S. District Court for the Southern District of West Virginia by Seminole.
U.S. District Court for the Southern District of West Virginia case number 2:19-CV-00113
