CHARLESTON – At least 18 lawsuits have been filed accusing a host of mining and logging companies of causing flooding that damaged the plaintiffs’ properties.
Most of the plaintiffs filed their original complaints September 13 in Kanawha Circuit Court against Blue Eagle Land LLC, Blue Creek Mining LLC, Point Lick Energy LLC, Investment Management Group LLC, Silver Horse Services LLC, Cedar Timber LLC, Hatfield Logging LLC, BSA Logging LLC, Calhoun Logging Company, K&J Logging LLC, Critchley Logging LLC and Falk Excavating LLC.
According to the complaints, the plaintiffs live in the Campbells Creek area of Charleston. The claims arise from flooding that occurred August 15, 2022, with continuing effects afterward. The plaintiffs say they didn’t know the responsible parties until several months later.
The complaints say Blue Eagle Land and Blue Creek Mining operate an underground mine in the Campbell’s Creek watershed, and they say Point Lick Energy, Investment Management Group and Silver Horse Services operate, manage and own the Witcher Creek surface mine in the watershed.
Cedar Timber, Hatfield Loggin, BSA Logging, Calhoun Logging Company, K&J Logging, Critchley Logging and Falk Excavating hold timbering notices for the subject properties. They engage in timbering and related activities such as excavation, road and access construction, haulage and other activities in the area, according to the complaints.
The plaintiffs say the mining and logging operations have increased the flow of storm water runoff into Campbell’s Creek and onto properties below the defendants’ operations. They say the defendants engaged in or permitted others to engage in extensive land-disturbing activities on their land draining into the Campbell’s Creek watershed. Those activities included cutting and removing timber, extensive deforestation, blasting operations, surface mining, mineral extraction, prospecting, construction of haul roads, creation of skid roads, creation of gob piles, solid waste dumps, altering of drains, creation of fills, disturbing the hydrologic balance of the watershed and other activities.
In altering the natural terrain and natural drainage, the defendants have caused flooding, according to the complaints. They say the defendants have violated provisions of their mining permits, failed to provide for and/or maintain adequate sediment control structures and/or storm water runoff systems to prevent or lessen damage to others from sediment and debris jams in the natural drains and increased storm water runoff from their properties onto those of the plaintiffs.
The plaintiffs also anticipate these conditions will continue without abatement. They say their homes have suffered damage, including damage to the structure, foundation and flooring of the homes as well as the infestation of mold, mildew and dampness and damage to furnishing, appliances and other personal property.
They also say their properties have diminished in value and have seen interference of the peaceful and quiet enjoyment of their properties. They also say they have suffered inconvenience and mental stress.
The plaintiffs accuse the defendants of trespass, nuisance and negligence. They seek joint and several damages as well as court costs and attorney fees.
They are being represented by John H. Skaggs of Calwell Luce diTrapano in Charleston and by G. Patrick Jacobs of Jacobs Law Office in Charleston. The cases have been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case numbers 24-C-852, 979-980, 982-990, 992-993, 995, 997-999