Wyoming County Families Want Coal Company to Restore Water

This story has been updated.

Twenty-six families say that a coal company is responsible for damaging their water supply. Trial for 16 of those families begins Monday, April 11, in Wyoming County Circuit Court.

The court has already ordered Dynamic Energy, a subsidiary of Mechel Bluestone Inc., to provide a temporary water solution for residents involved in the case Belcher vs Dynamic Energy. Paulette Blankenship is one of the residents who is currently getting water from the company.

Credit Jessica Lilly
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Paulette Blankenship

Blankenship built her colonial style home with her husband. Her temporary water supply currently sits in her back yard, about a 5 feet tall tank covered in tarps with a valve and single rock perched on top.

“They come about three times a week and deliver water into this,” she said.

According to court documents, residents filed their complaints in May 2014. The families say that Mechel Bluestone violated the law, the West Virginia Surface Coal Mining and Reclamation Act and damaged several wells along Cedar Creek Rd.

While awaiting trial, the plaintiffs filed a motion in October 2014 for the company to replace their water. Two months later, the court granted the motion based on the residents’ need for clean water to “meet their basic needs for survival.”  

Water testing presented by the plaintiffs showed high levels of arsenic, aluminum, lead, iron and other pollutants. It took eight months, and another court order before residents like Paulette got a temporary solution for clean water. Paulette and her husband say they’re not trying to create problems in the small town with anyone who might work at the surface mine site.

We taught our children, everyday in school, stand up for what’s right and if you have been wronged stand up for your rights, ” Paulette Blankenship said. And that’s basically what we’re doing. We’re standing up for our right to live on this land to live in this house unencumbered with contaminated water. We want what we had before simply.”

Paulette and the rest of the plaintiffs involved in this suit are asking for permanent water replacement. Her attorneys have estimated the replacement for a reverse osmosis system would cost $57,000 per household.

Mechel Bluestone’s attorney, James Brown, did not want to comment on the case on the eve of the trial. The company maintains that they are not responsible and that the mining practice did not contaminate these water systems.

Mechel Bluestone is owned by front runner for state Governor, Jim Justice. Justice sold the mine to a Russian company in 2009 but bought it back last year.

The residents along parts of Cedar Creek Road in Wyoming County are represented by Thompson and Barney out of Charleston. The attorneys recently won a case against a different coal company formerly owned by Patriot Coal in Wyoming County. In that case, the new permit holder is now required to supply permanent water to residents in part of Clear Fork.

A Justice Companies spokesman said in a statement that Bluestone has been hauling fresh water to each house for years since this case was brought against the Russian company.

The statement says West Virginia Department of Environmental Protection scientists have found that there is no correlation between this mine and the wells in question and that, “Anyone with a legitimate issue we will make whole.”

The statement also says Bluestone is challenging the lawsuit because it doesn’t want to risk losing 150 union coal mining jobs.

This story was updated on April 11, 2016, to reflect the fact that it was a Justice Companies spokesman, not a Justice campaign spokesman, who issued a response to the lawsuit.

Time, Location Set for West Virginia Gubernatorial Forum

The West Virginia Democratic Party has announced the time and location for a forum involving the three Democratic candidates for West Virginia governor.

The party on Wednesday announced the event will be held at 11 a.m. on April 16 at the Charleston Civic Center.

Candidates Jim Justice, Booth Goodwin and Jeff Kessler will take part in the forum less than a month before the May 10 primary. It’s the first event that will feature the open race’s full Democratic field.

Justice is a billionaire coal and agriculture businessman and the owner of The Greenbrier resort. Goodwin resigned as U.S. attorney in Charleston in December to run for governor. Kessler is the state Senate minority leader.

State Senate President Bill Cole, R-Mercer, is unopposed in the Republican primary for governor.

Two of Four Governor Candidates Attend Forum, Sponsor Pushes Back

Two of the four candidates running for Governor participated in a forum hosted by the statewide community action group Create West Virginia in Charleston Tuesday. 

The forum allowed candidates to give extended presentations about themselves and their campaigns followed by answering questions from five moderators from across the state and from the audience.

Senate Minority Leader Jeff Kessler and former U.S. Attorney Booth Goodwin—both Democrats—were the only two candidates to accept invitations to the forum. Democratic businessman Jim Justice and Republican Senator Bill Cole declined the invitation.

On their website, Create West Virginia posted critical comments about the two candidates who did not participate saying:

One may draw the conclusion that these candidates don't consider Create West Virginia's gubernatorial forum, and multiple others they've declined, as important enough to attend…but we're not taking it personally. We've been told that the strategy for the two front runners is to avoid situations that may give voters a reason NOT to vote for them. The fact that a candidate can win by avoiding meaningful conversations that reveal who they really are, what they really know about modern economic development, and what their real plans are to move us toward an Innovation Economy is deeply troubling. We're counting on our people to prove those strategists wrong.

In a written response to the claim, Cole’s campaign said:

Bill Cole is the only candidate to have already campaigned in all 55 counties. He will participate in debates and forums after the primary once  a Democratic nominee is determined. Only then can there be a clear discussion of the issues and competing visions to get West Virginia moving again.

A spokesman for Jim Justice’s campaign responded:

"Jim has participated in several candidate forums across the state so far and is looking forward to the April 16 statewide debate hosted by the Democratic Party."

That forum will feature the three Democratic candidates for the office before the May 10 primary.

Jim Justice Owned Company Fined For Contempt of Court

A coal company owned by billionaire businessman Jim Justice faces $1.23 million in fines for contempt of court after a judge said the company didn’t pay debts and repeatedly didn’t show up for court hearings.

U.S. District Judge Irene Berger in Beckley ordered the fines Friday against Justice Energy Co.

On Jan. 5, Berger ordered the company in contempt for not paying a nearly $150,000 debt owed to a construction equipment company.

Berger fined the company $30,000 per day, beginning Jan. 5. The more-than-2-year-old debt was paid back Feb. 15.

Company spokesman Tom Lusk says it’s a step to clean the mess left by the Russian operation that owned the company and ran up the debt.

Justice, who also owns The Greenbrier resort, is running for governor as a Democrat.

Jim Justice Owned Company in Contempt of Court Over Debt

  A company owned by billionaire coal businessman and gubernatorial candidate Jim Justice is in contempt of federal court after a judge says the company hasn’t paid debts and has repeatedly failed to show up for court hearings.

The Charleston Gazette-Mail reports that U.S. District Judge Irene Berger ordered Justice Energy Company in contempt on Jan. 5 for not paying a nearly $150,000 debt owed to a construction equipment company.

Berger fined the coal mining and leasing company $30,000 per day, beginning Jan. 5, until the company is in full compliance. The debt is more than two years old.

Company spokesman Tom Lusk says in a statement that the company is using a payment plan to paying off the debt.

Justice, who also owns The Greenbrier resort, is running for governor as a Democrat.

Democratic Gubernatorial Candidates Receive Union Support

The United Mine Workers of America threw its support behind businessman Jim Justice in the West Virginia Governor’s race. 

Fellow Democratic candidate Jeff Kessler also picked up a union endorsement Thursday — The Bricklayers District Council of West Virginia.

  UMWA President Cecil Roberts said in a news release that the union’s vote to support Justice was unanimous.

The UMWA represents more than 35,000 active and retired coal miners in West Virginia.

Justice comes from a coal family, his father was a miner, as was his grandfather. Much of Jim Justice’s wealth has come from the coal industry.

  The Bricklayers District Council of West Virginia represents bricklayers, masons and tile setters, among other tradesmen.

Credit Martin Valent / West Virginia Legislative Photography
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West Virginia Legislative Photography

“Jeff Kessler has always stood alongside the hardworking men and women of West Virginia,” Director Leroy Hunter said in a news release released by the Kessler campaign. “Jeff Kessler is the real Democrat in the Democratic primary and we are proud not only to endorse, but also support him.”

Kessler is the current West Virginia Senate minority leader.

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