PINEVILLE – A Wyoming County couple says a mining facility adjacent to their property has illegally discharged “foul-smelling, noxious, foamy and potentially hazardous” drainage onto their property.
James and Tina Christian filed their complaint August 2 in Wyoming Circuit Court against Pinn MC Wind Down Co. LLC, Bluestone Resources Inc., Alpha Metallurgical Resources Inc. and Brooks Run South Mining LLC.
The couple says the runoff also drains into Indian Creek, which also abuts their property.
diTrapano
“This is just the first of dozens of cases that we are filing in connection with these defendants contaminating the drinking water of the citizens of Wyoming County,” attorney L. Dante diTrapano told The West Virginia Record. “We look forward to getting them some long overdue relief.”
According to the complaint, the Christians have complained to the state Department of Environmental Protection about the situation, which is referred to as artesianing, since early 2023. In March 2023, the DEP filed a complaint against Pinnacle, the listed permittee for the mine, alleging artesianing that has led to the discharge on the Chritians’ property as well as elsewhere on the mine property.
The Christians say the mine draining has eroded their property, causing the loss and removal of their heat pump, and contaminated their well and drinking water. They say it also has caused the invading the underpinning of their home and other structures on the property and the erosion of the foundation of their dwelling.
The couple says all of that, plus the foul fumes, have caused them to not be able to enjoy their property.
Through testing and observations, the plaintiffs say strong smell of the sulfur and sulfur-eating compounds, as well as the distinct odor of mine draining and runoff, constitute a public nuisance. They also say they’ve been told there is illegal disposal of wastes at the mine facility.
DEP testing has shown the presence of aluminum, iron, manganese and sulfurous compounds in the discharge.
“The instant complaint focuses for now on the causes of action arising from the foul-smelling, noxious and unnatural odor, appearance and taste of the illegal mine discharge,” the complaint states. “However, plaintiffs continue to investigate the illegal mine discharge to discover what other chemicals or metals may be present and reserve the right to amend the instant complaint in the event that further investigations reveal the presence of chemicals that are cancerous or result in acute or chronic toxicity in other ways.”
The Christians accuse the defendants of failing to act with respect to their responsibilities under their mine permits to release illegal mine drainage, trespassing, private nuisance and public nuisance. They say the discharge has damaged their property.
They seek compensatory damages, punitive damages, attorney fees, expert witness fees, pre- and post-judgment interests, court costs and other relief. They also seek injunctive relief.
The Christians are being represented by diTrapano and Alex McLaughlin of Calwell Luce diTrapano in Charleston, by Van Bunch of Bonnett Fairbourn Friedman & Balint in Phoenix, by Timothy Lupardus of Lupardus Law Office in Pineville and by Joshua Thompson of Thompson & Spolarich in Beckley. The case has been assigned to Circuit Judge Michael Cochrane.
Wyoming Circuit Court case number 24-C-52
