FAYETTEVILLE — National Grid NE Holdings 2 LLC is suing Fayette County Commission and the Fayette County Code Enforcement Agency, along with dozens of insurance companies.
National Grid NE Holdings 2 is suing as successor to Eastern Gas and Fuel Associates, according to a complaint filed in Fayette Circuit Court.
National claims in October 2019, the county issued an information demand and a notice of endangerment and conditional notice of intent to file a federal civil action to National and seven other respondents regarding mining facilities in Fayette that the respondents had owned and operated and disposed of hazardous substances that contaminated surface waters and groundwater within the Johnson Fork-Loop Creek Watershed of the Kanawha River.
Administrative action was then taken against National and a federal lawsuit was filed against National in May 2021, according to the suit.
National claims there was a settlement in 2008 entered into by its predecessor that addressed environmental liabilities. It also claims there were various insurance policies for decades that were issued to Eastern Gas and that as legal successor, National has rights under those policies.
National is seeking compensatory damages. It is represented by Shawn P. George of George & Lorensen.
Fayette Circuit Court case number: 21-C-62