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Water Crisis in Indian Creek: Horse Dies After Suspected Water Exposure

WYOMING COUNTY, W.Va. (WOAY) A tragic turn in Indian Creek, where a resident’s horse has died after being exposed to an artesian well that recently began flowing on her property, raising new concerns about the region’s ongoing water contamination crisis.

Tammy Smith has cared for horses for more than a decade. But this past week, a 24-year-old horse that has been living on her land for ten years, fell gravely ill and died under what she describes as unexplained and alarming circumstances.

“It’s been two weeks since the horse got down sick,” Smith said. “But I noticed it about a week before that, so it’s been probably right along a month.”

In late April, Smith noticed water artesianing from the ground in multiple places within one of her horses’ pastures. Soon after, the horse’s health started to decline.

“I noticed he wasn’t drinking any water. He just quit drinking water, period. I started giving him extra salt in his feed to encourage him to drink, but then I noticed he wasn’t eating his grain and was just nibbling at his hay. I found his hay still in his barn and his grain still in his box,” Smith said.

Smith took the horse to a trusted vet in Kentucky, and after some tests, the vet revealed the horse was having serious liver issues.

“They did blood work on him. And they found that he had high liver enzymes. It was 127, and it should have been around 24,” Smith said.

After leaving the clinic, Smith says the horse’s condition worsened rapidly. He became increasingly weak and began passing blood, signs she says confirmed just how sick he truly was.

Smith provided photographic evidence of the horse’s condition in the days before his death, including signs of severe decline and internal bleeding. WOAY reviewed the images but chose not to publish them due to their graphic nature.

Biggen, Tammy Smith’s 24-year-old horse, stands in a veterinary stock during treatment in West Liberty, Kentucky. Blood tests revealed liver enzymes more than five times the normal level, a sign of toxic exposure, according to the vet.

After a decade of care, the news of sudden liver failure was heartbreaking, and the only explanation the vets had was that the horse had come into contact with something toxic.

“The vet just absolutely told me, he said, it had to be in something toxic, and the only thing I can think of is the water, because he always had access to that water,” Smith said.

After hard days and long nights, Smith made the tough decision to put the horse down as his condition deteriorated beyond the point of recovery.

Biggen’s halter hangs from a cross marking his grave. Behind it, the pasture where he lived, and where artesian water began flowing just weeks before his death.

Smith’s other horse, which drinks from a separate source and lives in a separate pasture, remains healthy. Residents and neighbors say that difference isn’t a coincidence.

Smith is not only fighting to keep her animals supplied with safe water, but she is also fighting for herself.

“I do know that my well water has changed over the last two years. It’s gotten awful, I can’t stand the smell of it, it smells like rotten eggs and maybe even worse than that,” she said. “Even my clothes have odors now when I wash them, and I can’t get rid of it.”

Tammy Smith says she’s relied on bottled water like this for the past two years, unable to trust her well water, which she says smells like rotten eggs and leaves an odor in her clothes.

She’s been drinking bottled water for the last two years. However, that hasn’t stopped other possible effects, including skin symptoms she says may be tied to showering in the same water.

“I’ve had places come up on me, like little warts, right on my back where my shower hits.”

Her story joins a growing chorus of residents across Wyoming County who say their water smells foul, causes illness, and has never been tested by state regulators. Several unregulated artesian flows, like the one on Smith’s land, have begun surfacing across the region, including near former mining sites.

The next hearing in the county’s water contamination case is scheduled for July 9 at 1 p.m. in Wyoming County Circuit Court.

After two years of battling for a basic necessity and losing what felt like a member of her family, Smith just wants answers.

“I just want to know what’s in this water.”

Charges filed related to fight following WWHS Graduation

Beckley, WV (WOAY) – Multiple individuals are facing charges in relation to a large fight on Saturday, May 31, 2025.

According to a media release from the Beckley Police Department, the results of their investigation revealed that the incident stemmed from an ongoing issue between several individuals involved in the fight. A firearm was also recovered from one of the individuals at the time of the incident, but it was never shown. Possession of a firearm during a school sponsored event is a felony offense.

On Thursday, June 5, 2025, Magistrate Timothy Deems issued 9 misdemeanor warrants and 1 felony warrant for the following individuals:

  • Jalen Marquis Cook (19) – Charged with: Felony possession of a deadly weapon on premises of a school-sponsored function
  • Tayvon Anthony Morris (21) – Charged with: Battery
  • Stephon Tyreese Yancy (18) – Charged with: Battery
  • Tommy Lee Payton III (18) – Charged with: Battery
  • Tytus Ira Mason (21) – Charged with: Battery
  • Ty’Lai Khalis Kimble (21) – Charged with: Battery
  • Zachary Lee Pennington (18) – Charged with: Battery
  • Brandon Jerrell Burks Jr. (18) – Charged with: Battery
  • Latrael Decors Hairston (19) – Charged with: Battery
  • Madix Caiden Preast (18) – Charged with: Battery

Investigators are requesting that the subjects listed above turn themselves in at the Beckley Police Department.

If anyone has information on the whereabouts of any of the wanted subjects, contact the Beckley Police Department at 304-256-1720 or Crime Stoppers of West Virginia via their free P3 Tips mobile application.

 

 

 

Former Raleigh County Prosecutor facing new lawsuit

Beckley, WV (WOAY) – Former Raleigh County Prosecuting Attorney Benjamin Hatfield is facing a new lawsuit for alleged misconduct while in office.

The new lawsuit was filed on Monday June 2, 2025, in Raleigh County Circuit by Jamie Maddy. The lawsuit details allegations that allegedly began when Hatfield was an assistant prosecutor and continued while he was Raleigh County’s Chief Prosecutor. At the time Jamie Maddy and her “paramour” had been arrested and were facing drug-related charges.

According to the lawsuit, Benjamin Hatfield allegedly pressured Jamie Maddy for sex in exchange for favors including bond conditions, favorable criminal case outcomes and other favors from the office of prosecuting attorney in regard to pending criminal charges.

The lawsuit also details behavior by Hatfield over the years. Anytime Maddy or her “paramour” would get into any kind of trouble Hatfield would allegedly ask for sex and would influence the criminal process to benefit the couple.

According to the filed lawsuit, Hatfield would allegedly threaten criminal prosecution, delayed bond, or make threats of incarceration to pressure the plaintiff for sexual favors.

Jamie Maddy is seeking compensatory and punitive damages as well as attorneys’ fees and costs.

 In 2024 Hatfield was placed on administrative leave while an investigation was conducted into allegations of misconduct in office. He later resigned his position in October 2024. He also voluntarily surrendered his license to practice law in the state.

Hatfield is currently facing multiple lawsuits for alleged misconduct while on the job.

 

“We Deserve Water” – Governor Morrisey Responds As Residents Gather Over Ongoing Crisis

WYOMING COUNTY, W.Va. (WOAY) – In a region known for building America’s cities with its coal, families have found themselves fighting for something far more basic: clean water.

Across over half a dozen communities, residents rely on bottled water, installing expensive filters, while still being unable to bathe, wash clothes, or cook without fear of contamination. At a recent community meeting, years of frustration finally spilled over.

“We are freaking people that deserve water. Clear water!”

The water issues go beyond appearance, they affect daily life in ways that are impossible to ignore.

“When I take a shower coming from the public water system, it shouldn’t smell like rotten eggs!”

While residents gathered in Wyoming County to learn from both scientists and neighbors, down in McDowell County, Governor Morrisey expressed the state’s desire to step in and help. Still, he said they needed formal submissions, which the county commission claims they have already done.

The State’s Position

In an interview last week, Wyoming County Commission President Jason Mullins said the county has already submitted multiple formal plans to upgrade local water systems.

“As far as anyone who has control over state and federal funding, they just need to be very aware that we have people truly suffering here in Wyoming County,” Mullins said.

“We do have quite a few requests going on right now, for funding to upgrade these water plants and water systems in the southern part of the state, especially here in Wyoming County,” Mullins said.

Governor Morrisey said his office conducted a follow-up after WOAY’s recent reporting, double-checking claims that dozens of proposals had already been sent for funding.

“They haven’t done that in some of the projects. They did for Pineville, but the local community didn’t do it in some of the others,” Morrisey said. “We actually checked,”

“We also know that some of these water systems have not been produced correctly or have been mismanaged to the point where some people no longer have access to clean drinking water,” Morrisey said.

His office confirmed that only one project, for Pineville, has been formally submitted with the necessary paperwork. He added that while the state is eager to help, it is bound by process and paperwork.

“We are eager to review things, we want to try to be helpful, but it’s a process.”

“Every man, woman, and child should have access to safe, clean drinking water. These are the kinds of investments that are going to protect public health, strengthen local economies, and lay the foundation for a brighter future,” Morrisey said.

“I’m committed to ensuring that we can provide adequate funding to these PSD’s but also that we have to provide for meaningful oversight to make sure that the funds are used wisely and are making a real difference,” Morrisey said.

As county and state leaders shuffle paperwork back and forth, residents are left to drink the water that has decayed trust, hope, and their health.

Confirmed Crisis

“Wyoming County is in a water crisis, and we see that through national studies,” said Dr. Than Hitt, senior scientist with the West Virginia Rivers Coalition. “But really, where it matters is right here in Wyoming County.”

“As contaminated water engulfs streams and drinking water supplies, residents are left wondering why action is not being taken.

Hitt, who has studied waterways across the region, said the signs are unmistakable.

“We do see a lot of bacterial contamination,” Hitt explained. “But there are other things we need to know more about in terms of potential coalbed methane byproducts, surfactants… There’s a lot of uncertainty about that. But we do know there’s a water crisis here.”

When it comes to the sulfur smell blanketing parts of the county, Mariah Clay with WV Rivers didn’t hesitate, “It’s sulfur. I mean, just to get down to the basics, it’s sulfur. When we smell that rotten egg smell, it’s sulfur, and it can be toxic at high levels. When you smell it, just driving down the road, I’d say that’s pretty high levels.”

For residents like Margaret Shields, the crisis has stolen more than water. It’s taken holidays, security, and peace of mind.

“I cannot tell you the many Christmases and Thanksgivings that we did not have water. The water is horrible.”

Another resident described how quickly her health had deteriorated.

“I moved to Brenton six years ago, I had no health conditions. Now, there’s cardiac, they don’t know if I’ve got cancer. I had to do biopsies on several places. I have hypothyroidism, I have gastrointestinal diseases,” one resident said.

As emotions boiled over, residents listened to each other’s stories, but faces that went unseen didn’t go unnoticed: “The people that need to hear them weren’t here today,” Ziliak said.

For many, this is not just about water, it’s about survival.

“Why is nobody helping us? Why is Wyoming County being ignored? Why are all these people sick from the same thing? You know, and it’s just it falls on deaf ears,” Wendy Ziliak said. “Why is nobody asking why?”

“We used to dam it up and swim in it growing up, as did my mom. But now you just keep an eye on the water, and you stay away from it,” Ziliak said.

Maury Johnson, another longtime advocate, explained, “What’s happening here and across West Virginia is a crime. It’s a crime against humanity, and against the environment.”

Others put it even more bluntly:

  • “Why is it that we the poor people, the hillbilies, we’re disposable?”
  • “We need to start speaking up, and we got to stick together!”
  • “Our water is now worse than Flint, Michigan. Why is nobody coming? Why is it nobody is talking about us?”
  • “It’s just it’s heartbreaking because it shouldn’t be this way. We should not be this sick here.”
“It’s 2025 in America, but in Wyoming County, West Virginia, you can’t drink or bathe in your water. That’s not okay. That will never be okay,” Shrewsbury said.

The meeting was full of not just grief, but also grit and self-reliance.

  • “If it weren’t for coal, this country would not run, I know that; however, these people have to do it right and safe!”
  • “Don’t be quiet about it, be loud, hold the politicians accountable. They aren’t doing their jobs.”
  • “We need to start holding these people accountable, every last one of them!”

With residents feeling like their voices are falling on deaf ears, they are turning to each other for help.

Residents Enraged By Lack Of Action

“It’s an outrage. I mean, it breaks your heart. It makes you mad. Something’s got to be done,” Ziliak said. “There are third-world countries that are better off than these people are.”

“We’re being treated like the worst orphans, and we’re just sick of it. This water is not fit. The dog won’t even drink it. It’s terrible. We’re only asking for a reasonable service,” Shields said.

With no firm plan from the county or the state to provide long-term clean water solutions, many residents like Zach Shrewsbury have grown past the point of patience.

“If we want to preach about America first, where is America in that? You’re leaving America behind, leaving Wyoming behind, leaving the miners behind.”

The frustration with officials was unanimous, “You people do not produce, and we need people who are going to give us results, not excuses. We’re sick of excuses,” Shields said.

“Like I said before, the water’s black one day, oily the next day, red the next day, I can’t bathe in it, and I can’t wash white clothes in it,” one resident said.

“Their kids don’t want to stay here. There’s nothing for them but more disease and bad water,” Johnson said.

Residents have sent the emails, they have made the calls, yet they still cannot get clean water.

“We have written letters. You call, you get sent to voicemail. Nobody returned your calls,” Ziliak said.

“I stay on top of it, I call them every week, Margaret knows that,” another resident said.

“They forgot about us, but they’ll fill their pockets up. They’ll build the highways up by their house, and they’re living good, down in here we ain’t got nothing, we’re treated like a bunch of dogs,” another resident said.

For many residents, staying isn’t a choice; it is the only choice.

“It’s sad because some people don’t leave because it’s home, and some people don’t leave because they can’t. They’re forced to live with this,” Ziliak said.

Science in the Hands of the People

At the community meeting in Wyoming County, residents weren’t just there to speak out, they came to learn how to fight back with science.

“Today’s meeting was fantastic because community members know best,” said Dr. Than Hitt. “They know the water that they live with every day. So what I’m interested in doing is giving people tools to do the basic science so that we can hold the elected officials accountable.”

West Virginia Rivers Coalition distributed over a dozen conductivity meters to community members dealing with highly contaminated water to gather more data and find out what is really in the water.

One of those tools? A simple device that can go a long way.

“One thing we did today is we gave folks the tools to sample and measure conductivity in the stream water near their house,” Hitt said. “Conductivity is super important because it tells you how much dissolved material there is in water.”

Dissolved material levels give scientists insights into water quality. Values over 300 microsiemens per centimeter (µS/cm) act as a screen, tipping them off to places of interest.

“It tells us okay, look here. There’s something going on. We need to follow up. And we need to present that data to the state and other people to fix the water.”

West Virginia Rivers partners with citizens across the state to monitor streams and water quality. Hitt said this kind of tool is a game-changer.

“It’s easy to use and it’s informative. Values over 300 units micro siemens per centimeter are indicative of pollution. And so that tells us it’s a screen,” Dr. Hitt said.

“It’s something that anybody can do. Our office can then document this, and we can look at trends. This is something that can support what DEP does with the state agencies. It also puts the power in the hands of the community,” Hitt said.

Clay added: “The community knows what’s going on. The community members are the experts on the situation. And when they tell you, listen.”

According to Hitt, this was just the beginning. “There’s a lot of energy in the room today at this community meeting, and I’m looking forward to working with these people moving forward. It’s really important,” he said. “People are upset, and they ought to be. They want accountability, and they want someone to fix the problem.”

Dr. Nathaniel “Than” Hitt, a tenth-generation West Virginian and freshwater biologist, spent 15 years with the US Geological Survey studying fisheries, water quality, and open-science strategies.

Hitt explained that the issue is extremely complex, and a solution would be the same.

“It’s not going to be simple. It’s not going to be free. But we have to make these voices heard, and we have to follow up. We have to do the work.”

While scientists like Hitt analyze the data, the importance of community meetings like these don’t go unnoticed.

“It’s going to take local leadership. And that’s what we saw today. We saw local leadership starting, just have to empower it and fan those flames, and we’ll see what kind of progress we can make,” Hitt said.

“This is where real change starts. It starts here at the grassroots level, and they need to have more people here in Wyoming County and surrounding areas come and join in these meetings,” Johnson said.

In a place where state and county solutions have stalled, Hitt and others believe the most powerful force for change might already be here.

“Local communities know best. Local communities know best. The states, the feds, the cavalry, is not coming. So local communities are taking care of themselves, neighbors taking care of neighbors. It’s important, and we can do that with tools like stream monitoring.”

The Man Who Made It Happen

Long before the community meeting filled the room with emotion, it was Richard Altizer who made sure it happened at all.

“There’s some people that if we don’t give them water, they can’t buy medicine, and we know that for a fact,” Altizer said.

Altizer organized the community meeting from the ground up. He reserved the space, spread the word, brought in experts, and made sure residents had a chance to be heard. He’s not an official, not a politician. He is a resident who couldn’t stand to stay quiet.

“If it wasn’t for him, we wouldn’t hear anything from anybody. Nobody, I mean, nobody calls, nobody comes,” Ricky Lane said.

But this isn’t new for him.

For years, Altizer has been spending his own time and money, over $10,000, delivering bottled water, walking streams, and paying for independent lab testing.

Richard Altizer spends over 80 hours a week making sure families don’t go dry; he walks creeks day after day, taking pictures, testing water, and reporting violations to the state.

“Well, it started almost two years ago. Now we’ve got a lot of bladder cancers, tumors, and kidney failures. I just felt like it was my responsibility, and I’ll continue to do it as long as they need water,” he said.

He’s used his personal truck to navigate back roads and hollers, hauling pallets of water to people who have no other source.

“If it wasn’t for Richard, we’d be in a world of hurt,” another resident said.

It’s taken a toll, financially, physically, and emotionally. But Altizer keeps going, driven by what he calls basic decency, but even after all the hours, the work and the money he’s poured in, he still sees neighbors living without the most basic dignity.

Altizer uses his personal truck to drive to Princeton, Beckley, or anywhere else that can supply pallets of clean drinking water.

“It still bothers me because most people have to go and leave indian creek to take showers. They have to get to go to the aquatic center down past Brenton or they go to their family members.”

In a place where few leaders have shown up, Richard did more than show up. He gave people their voice back and listened to what they had to say.

What Comes Next

The next court hearing is set for July 9 at the Pineville Courthouse at 1:00 P.M., and residents are watching closely. It’s the latest chapter in a legal fight that could determine who pays, and who gets left behind.

But for the families living with sulfur, sickness, and silence, the urgency goes far beyond the courtroom.

Grassroots groups like Blue Jay Rising, along with local volunteers like Altizer, are still delivering bottled water by the pallet. Residents are still emailing, still calling, and still waiting.

As blame gets passed from county to state and back, it is the residents who bear the brunt of the crisis, hoping that after half a decade, something will change.

“We have written letters. You call, you get sent to voicemail. Nobody returned your calls,” said Wendy Ziliak.

“I stay on top of it. I call them every week,” another resident said.

Some have turned to citizen science, monitoring streams near their homes and submitting data through the WV Stream Watch app (Read more about that here).

As residents struggle for clean water access, their message to state leaders and lawmakers is simple:

“If you wouldn’t expect your family to live like this, quit expecting mine to.”

Select McDowell County Schools on soft lockdown out of an abundance of caution

McDowell County, WV (WOAY)- McDowell County schools are currently under a soft lockdown at the Career and Technical College, Welch Elementary School, Kimball Elementary School, and Mount View High School.  

 All exterior doors are secured, and normal activities continue inside the building.  

There is no immediate threat to students or staff.   

According to a statement from authorities, the Welch Police Department is investigating a shooting complaint that happened within the city limits of Welch.  

Schools are locked down as a precaution.  

We are following up on this incident and will provide updates as more information becomes available.  

Former Southern Regional Jail supervisor sentenced for his role in the beating death of inmate

Charleston, WV (WOAY) – A former Southern Regional Jail lieutenant was sentenced to prison for his role in the deadly beating of an inmate while in custody.

35-year-old Chad Lester of Odd, WV was convicted of three obstruction charges after attempting to cover up the death of 37-year-old Quatez Burks while he was in custody at the Southern Regional Jail in March of 2022.

According to court documents, Chad Lester was sentenced on Thursday May 15, 2025, to serve 210 months in federal prison.

Lester was also sentenced to be on 3 years supervised release on each count to be served concurrently.

Update: Summers County Comprehensive High School evacuating students

Update: An update to a story we published earlier today.

Summers County Comprehensive High School has been completely cleared.

According to a post on the Summers County Comprehensive High School Facebook page, the remaining students are being bussed back to the school.

School officials say students will be fed lunch and will return to classes for the remainder of the day unless a parent signs them out from SCCHS.

Summers County, WV (WOAY) – Summers County Comprehensive High School students are being evacuated on Wednesday, May 14, 2025, due to an unknown threat.

According to a post on the Summers County Comprehensive High School Facebook page, law enforcement is currently at the school investigating and everyone is safe. They are asking parents not to come to the premises.

WOAY will bring you more details as they become available.

Spanishburg area without power in Mercer County

Mercer County, WV (WOAY) – Mercer County Schools will dismiss Spanishburg Elementary students at 11:00 a.m. due to a power outage.

According to the outage map on the Appalachian Power webpage the outage impacts over 1500 Customers. The cause is reported as tree contact.

AEP estimates restoration of service at 2:00 p.m.

 

 

Pantry Nearly Out Of Food as Water Crisis Deepens in Wyoming County

PINEVILLE, W.Va. (WOAY) At the Wyoming County Food Pantry, shelves that once held boxes of pasta, canned vegetables, and gallon jugs of water now sit nearly empty. Each week, the line of families in need grows longer, many of them facing not just food insecurity, but unsafe drinking water and few places to turn.

Operating out of the First Methodist Church in Pineville, the pantry serves residents from across the county every Tuesday afternoon. They’re currently feeding between 1,200 and 1,500 people each month.

“We empty our shelves almost every week,” Food Pantry Director Rachel Cook said. “Yesterday alone, we served eight families who had never been here before.”

There are no income requirements to receive food. Organizers say the goal is to meet people where they are, with dignity, compassion, and without judgment.

“It’s not a hand-out, it’s a hand-up,” Cook said. “No family should have to choose between paying their power bill and having dinner to eat tonight.”

With many shelves bare, the pantry is now struggling to keep up.

Rising costs, flood recovery, and a lack of public transportation have made it difficult for many residents to access basic necessities. With only a few grocery stores in the entire county and no public transit system, many families are left with limited options.

“We live in what they would refer to as a food desert,” Cook said. “If you do not have a means to get to and from, you’re really stuck between a rock and a hard place because there’s not that much access to food.”

Tucked away in the hills and hollers of the mountain state, many residents live surrounded by beauty, but cut off from basics. For the elderly and disabled, simply accessing healthy food can be a daily struggle.

Water Crisis Adds to the Burden

“It’s not just food,” Cook said. “Water in this community is a huge issue.”

The water situation in parts of Wyoming County has been a growing concern, with many residents reporting wells drying up and contaminated tap water damaging clothing and appliances.

After this past Tuesday, this is the water that is left for next week. “We give out water every single week. Every family that comes in here gets water,” Cook said.

Each family receives a gallon jug, when there’s enough to give. But even when water is available, it is often far from clean.

“Not only does the water sometimes smell sulfurous or have a bad taste to it, but you’re also running into a lot of iron water. People can’t wash their clothes in the water because it’s ruining their clothes,” Cook said.

Cook says the water issues go beyond household taps, pointing to what many residents feel is a much larger concern.

“If you just look into the waste that is piped directly into the Guyandotte River, it’s a huge problem. I know that our county is doing everything they can to fix it, but it’s so much bigger than that,” Cook said.

Even though they battle to get enough water for residents every week, Cook says giving it out, when they can, is what it is all about for her.

“It’s one of the things that you literally need to survive. Everyone needs healthy drinking water, and I’m so thankful that we’re able to provide families with that,” Cook said.

After years of fighting tooth and nail for basic necessities, residents are worn out.

“It’s very, very sad. It’s something that is really affecting our county, and we’re just hoping there’s an end in sight,” Cook said.

How to Support

The pantry accepts financial donations through Cash App at $wycofoodpantry, through PayPal at wycofoodpantry@gmail.com, or by mail.

“Twenty-five cents adds up. One food item adds up. It all makes a difference,” Cook said.

Local schools, churches, and organizations are encouraged to run targeted food drives, while families are asked to consider donating items they might otherwise sell.

The Wyoming County Food Pantry operates out of the First Methodist Church in Pineville. These shelves often run bare, and bottled water is in short supply. Donations help keep families both fed and hydrated.

“Sometimes it’s going through your old clothes, and instead of selling them for a dollar, it’s saying, you know what, let’s give that away,” Cook said.

In a county where basic necessities are a daily fight, Cook says even the smallest act of generosity can mean the world to communities that are struggling to get by.

Federal Cuts Reach Fayetteville: Two Local Service Members Terminated

FAYETTEVILLE, W.Va. (WOAY) – Two AmeriCorps members at New Roots Community Farm were terminated last week with no notice, part of a national wave of federal cuts that eliminated more than 30,000 positions.

While the termination came without official warning, an internal leak had already put the team on edge.

“There was a leak online of what AmeriCorps services they were going to cut, and we were on that leak. So already my hopes were low,” AmeriCorps service member Grayson Cooper said.

Abby Trombley and Cooper had served in their roles for just under two months when the news arrived.

It came at an unexpected moment, just after finishing a field trip with Fayette County schools that brought more than 100 students to the farm.

“We had just done a field trip. There were like 120 kids,” Cooper said. “We were working, and one of my managers asked me to pull something up on my phone, and that’s when I saw the email saying ‘cease service immediately.’”

“It felt like we just started scratching the surface, and now it seems like it’s over, you know? It’s very sad to the whole team, we’re all bummed out,” Trombley said.

Trombley was proud of the work they had done in just a few months, but the job was terminated just as quickly as it started.

New Roots Community Farm has employed AmeriCorps members for years, and they often serve essential roles in the community.

“We have had AmeriCorps service members since late 2019,” said Susie Wheeler, executive director at New Roots. “They’ve participated in our farm-to-school and community program development.”

A Bridge Between the Farm and the Community

Trombley and Cooper were responsible for the farm’s community outreach efforts.

“I do a lot of the community outreach side of things,” said Cooper. “So I do field trips, 4-H, community work as well as days with the farm team, plus I’m out here planting, harvesting, doing all kinds of hands-in-the-dirt work as well.”

Day to day, they worked both in the fields and with the public.

“It varies,” Trombley said. “We’re doing pop-up farmers markets, hosting school kids for field trips, and leading programs to teach kids about community and local farming, where their food comes from.”

“If I’m not here, I’m just at the house I’m currently living at, just spiraling. So I’ve been showing up and volunteering,” Cooper said.

Cooper echoed the impact of those experiences, especially in a state where access to fresh food and environmental education is often limited.

“We take produce to schools that give kids better free access to local produce,” he said. “It improves health… and gives them more power over themselves, to be like, ‘You don’t have to go to the store and buy this every single week. You have the power to do this for yourself and for your community.’”

Though they’d only been in their roles a short time, both had already woven themselves into the lives of those in the community.

Trombley relocated to Fayetteville from Tucker County in April. Cooper had just moved back to his home, West Virginia, after finishing school out of state.

“I planned my life around this,” Cooper said. “I care about this farm. I care about this work.”

AmeriCorps Response

While local AmeriCorps partners have remained in constant contact, service members say the national office has been largely silent.

“The national office has been absolutely crickets. I’ve heard nothing from them,” Cooper said.

AmeriCorps programs are structured in tiers, with funding flowing from the national office to state and regional partners. In West Virginia, New Roots receives its AmeriCorps placements through an intermediary organization called High Rocks.

Labels at the market carry more than branding—they represent trust built with schools, neighbors, and volunteers over the years.

“The West Virginia AmeriCorps, absolutely fantastic, they’ve been doing meetings every single day, emailing every single day with new updates. They’ve been fighting to get us all educational awards back,” Cooper said. “They’re currently filing suits, trying to get West Virginia to also file a suit—because there’s currently over two dozen states that are suing against this.”

Although the local office has been extremely helpful, Wheeler echoed confusion with the decision coming from the top.

“It is hard to understand why a program that, from my personal and professional perspective, has been hugely impactful, has brought many people to West Virginia and helped them start new career pathways, would be cut,” she said.

As state officials and service organizations worked behind the scenes, the New Roots team turned its attention to what it could control, how to keep growing.

Shifting Plans, Staying Grounded

For New Roots Community Farm, the termination came with no roadmap. There was no transition period, no phase-out plan—just a sudden loss of support.

“Our first response to something that felt like a pretty sudden and unexpected change is to say, how do we continue operating in that plan?” said Wheeler. “And so that’s what we want to do.”

Wheeler said their absence didn’t disrupt the farm’s mission, but it meant redistributing responsibilities at a time when programming was already underway.

“We’re in the middle of garden development in schools,” Wheeler said. “We’ve got the 4-H club up and running, summer internships on deck, and fresh produce markets starting.”

Cooper said the staff response was immediate. In the absence of clear guidance from AmeriCorps, the farm didn’t pause to wait for answers, it improvised and adapted.

“I expected them to say, we cannot get that money. I’m so sorry you have to go. But they were like, no, we are going to make this happen, you sacrificed a lot for this, so we’re going to make sure that this works for you,” Cooper said.

“So we’ve launched a small fundraising campaign to figure out how to keep them on,” Wheeler explained.

A Community Shows Up

The team at New Roots launched the campaign quietly on Monday, with a $12,000 goal to keep both Abby and Grayson on staff through the summer.

“I was thinking, maybe we’ll get $1,000,” Cooper said.

Within the first 24 hours, the fund was over $10,000.

“For us to be over halfway to our goal within 12 hours was absolutely insane. It just kind of gave me hope again in my community, just seeing how much people care about the farm, care about service members, and just care about people trying to do good work in Appalachia,” Cooper continued.

“It’s our hope not to lose those things. Right? We’ve made commitments to our partners. This work is part of what we do as an organization,” Wheeler said.

“Seeing the community come together is really all you can ask for. And that’s the whole point of what we’re trying to do, bring the community together,” Trombley said.

For those behind the scenes at New Roots, it is about taking care of those who have done the same.

“These are individuals that have, signed up to and committed to this program and have been holding up their end of the deal and have been cut loose for something that is not related to their performance,” said Wheeler. “We want to help figure out how to how to take care of them as they have pledged to us.”

More Than Two People

In a time already marked by uncertainty, the sudden termination of these service roles has unsettled the foundation many people rely on, the belief that hard work and commitment are met with stability.

“I think it creates a lot of insecurity for people to think, why? What is my guarantee if I work hard, if I do a good job? It undermines that sense of security that people want when choosing to engage in service,” Wheeler said.

“I think we should be trusting our local leaders and the people on the ground. I think it’s easy to just look at very large numbers and to take a pen and just start making cuts. And I think that that’s a way to, maybe save some money in the short term,” Wheeler said.

For Abby Trombley, the experience raised a question that hasn’t left her mind since the moment she saw the email.

“I think it’s important to pay attention to it because if it can happen here, it can happen anywhere, right? So impacting our community could also impact your community.”

Grayson Cooper echoed that tension. He left his job and moved back to West Virginia for this role, hoping to contribute to the state that raised him.

“I had to quit my job, move completely out of my last area, back here, just for everything to be cut.”

But even in the aftermath, he said, the support from the community helped steady that doubt.

“I care about this farm. I care about this work, so I’m still going to put my all in it, no matter what the outcome is and what these cuts are doing, and seeing community support has kind of helped me feel like I made the right decision coming back to West Virginia.”

The fundraiser is still active, with a goal of raising $12,000 by the end of May. The money will help fund Trombley and Cooper’s positions through the growing season and support ongoing education and food access programs across the county.

“That money is going to go towards paying Abby and Grayson to continue to perform their role. They would not be designated as an AmeriCorps service member, but they will either be transitioned into employees of New Roots or operating under an internship program being supported by some of our partner organizations,” Wheeler said.

Donations can be made at newrootscommunityfarm.com or in person at the farm’s market events.

The farm’s produce feeds local families and educates students. “You don’t have to buy this every week,” Cooper said. “You can grow it yourself.”

Road closed due to downed wires and trees

road closed

UPDATE: Route 61 from Montgomery Bridge to the mouth of Armstrong Creek has reopened.

Fayette County, WV (WOAY) – In a Facebook post by the Montgomery Fire Department, they stated that Route 61 from Montgomery Bridge to the mouth of Armstrong Creek is closed. This is due to downed trees and wires. It is unknown when it will be opened again. The department asks to use alternate routes.

We will keep you updated as we learn more.

Scarbro fire destroys home

Fayette County, WV (WOAY) -Here’s the latest on that breaking news story of a fire in Scarbro.

The fire completely engulfed a house near the intersection of Foster Lane and Okey L. Patteson Road.

The Oak Hill Fire Department confirmed that it was a single-story structure fire.

Two people were inside the building but escaped before the department arrived.

Firefighters from at least the Oak Hill Fire Department responded to the blaze around 4 p.m. Thursday afternoon.

We do not have any details on any potential injuries right now. We are working to gather new details and will keep you updated.

 

VA corrections officer arrested in narcotics investigation

Richmond, VA (WOAY) – A Virginia corrections officer finds himself on the wrong side of the law.

According to a press release from the Virginia Department of Corrections, on Friday, April 11, Special Agents from the VADOC’s Office of Law Enforcement Services (OLES), arrested now-former Pocahontas State Correctional Center Officer Raekwon Robins. The VADOC says the arrest came following a confession from Robins to previously smuggling drugs into Pocahontas and confirming that he planned to smuggle drugs again in the near future.

OLES Agents executed a search warrant on Robins’s residence leading to the seizure of narcotics totaling more than $150,000 in prison value, a handgun, and $1,000 in cash.

Robins was charged with three counts of possession of a controlled substance with intent to distribute and two counts of conspiring/delivering a controlled substance to an inmate.

“Anyone, whether they are a corrections employee or otherwise, should seriously weigh the risks of trying to smuggle drugs and contraband into one of our facilities,” said VADOC Director Chad Dotson. “VADOC OLES Special Agents and our intelligence teams are working around the clock to find you. Is a short-term gain worth potential time in prison? Consider that before you try to bring your poison into our secure facilities.”

The VADOC has zero tolerance for the attempted smuggling of drugs or contraband into its facilities. Anyone with information concerning attempted smuggling can call 540-830-9280.

 

 

 

 

Officer involved shooting leaves one dead in Fayette County

Fayette County, WV (WOAY) – Fayette County Sheriff Jess McMullen has told WOAY that a man is dead after an officer-involved shooting. It happened in Cunard Sunday night as deputies attempted to serve an arrest warrant.

The suspect locked himself inside a house with at least one gun. Deputies negotiated with him and ultimately used tear gas to get him out.

The man allegedly left the house and ran back inside, and aimed a gun. Deputies fired their guns and fatally injured him.

No deputies were hurt. The incident is under investigation. We will keep you updated as we learn more.

Raleigh County Sheriffs deputies conduct drug investigation

Lester, WV (WOAY) – Deputies investigate illegal drugs in Raleigh County.

According to a post on the Raleigh County Sheriff’s Office Facebook page, on Thursday April 17, 2025, Corporal J.T. Howard and Deputy W.A. Sneddon conducted a search warrant at a home in the Lester area of Raleigh County.

The search resulted in deputies finding over 160 grams of suspected fentanyl, approximately $2,000 in cash, two firearms, and ammunition.

According to deputies, the investigation remains open. Criminal charges are pending.

 

Concord University selects new president

Athens, WV (WOAY) – Concord University faculty and students gathered on campus for a major announcement.

The Concord University Board of Governors held a news conference to announce the unanimous selection of Dr. Bethany Meighen as its 13th president.

Dr. Meighen comes to Concord from the University of North Carolina System. where she served as its Vice President for Academic and Student Affairs. She held a key position as chief student affairs officer and a key liaison between the UNC System Office and its 17 constituent institutions.

Meighan holds multiple degrees in education including a bachelor’s and master’s degree from the University of Charleston and earned her Ed.D. from the University of North Carolina Wilmington. Her career has focused on improving access to education and enhancing the student experience through policy development, institutional collaboration, and data-driven decision-making.

“Concord University is making a meaningful difference in the lives of its students, the surrounding communities, and beyond—a mission I’m eager to use all my energy and experience to support and advance,” said Dr. Meighen. “I look forward to working collaboratively with the faculty, staff, students, and the entire campus community to build on the university’s strong foundation and help shape its future in the years to come.”

Dr. Meighan takes over the position held by Dr. Kendra S. Boggess who retires this August. Dr. Boggess has been president since 2014.

 

 

WOAY Investigation: Inside the Water Crisis in Wyoming County Part 3

In Part 1 and Part 2, we followed a growing water crisis affecting southern West Virginia. Residents have reported everything from brown and black tap water to contaminated streams. Residents in these areas have been seeking help for half a decade, so far, they have been left to fend for themselves.

In this final chapter, we will dive deep into a court case at the center of the crisis in Wyoming County, a case that involves multiple coal companies and how it involves U.S. Senator Jim Justice. We also examine the state and federal laws that should safeguard communities like these, as well as the response that residents have seen from local officials. 

The Court Case: Who Bears the Blame

In February 2023, Jamie Christian noticed foul-smelling water flooding into his yard, engulfing his electrical appliances. He had no idea the water was artesianing from an old mine pool beneath his home, or that it would drag his family into a multi-year legal fight with coal companies and the state.

Christian contacted the West Virginia Department of Environmental Protection (WVDEP), and soon, Matthew Dillon, a WVDEP Environmental Inspector since 2006 and WVDEP Environmental Inspector Specialist since 2020, went to the Christian residence.

What he saw raised alarms.

“I determined that an unauthorized discharge of water from the area of the Pinnacle Mining Complex permitted under DEP Mining Permit No. U-0204-83 had occurred,” Dillon said in his affidavit.

In the very next line he said, “I further concluded that the conditions in the mine had, as evidenced in the artesianing of the water from the mine pool in the resident’s yard, created an imminent danger to the health or safety of the public or were causing or could reasonably be expected to cause significant, imminent harm to the environment.”

I made many trips to the Christian residence, and each time, water was still coming out of the well currently under litigation.

The water wasn’t just flooding the residence, the water was alive with white, stringy growths later confirmed to be sulfate-reducing bacteria (SRB). The bacteria emit hydrogen sulfide, a toxic gas that smells like rotten eggs and can cause serious health problems. 

Dillon revisited the site on February 28th, a week after his first visit, and saw that the same issues persisted, inciting him to use the tools he had to try to stop the water.

“As a result of the ongoing risk to public health and safety and the environment, I have not terminated the Imminent Harm Cessation Order because of the ongoing risk to the resident and his property,” Dillon’s affidavit said.

In February of 2023, the WVDEP also took note of the sulfate-reducing bacteria in the water in multiple locations.

“DEP has also noted that the artesianing water coming out of the mine pool appears high in sulfides; sulfite bacteria, a white, stringy substance, is present at all four locations where the water has artesianed out of the ground, including under and around the resident’s home, and has been sent by DEP for testing,” Dillon’s affidavit said.

The WVDEP then filed a civil enforcement case in Wyoming County Circuit Court, invoking both the Surface Coal Mining Reclamation Act and the Water Pollution Control Act.

“Seeking to enforce compliance with the Director’s orders and prevent imminent danger to the health and safety of the public, the Director brings this civil action brought pursuant to Section 17 of the Surface Coal Mining and Reclamation Act, W. VA. CODE § 22-3-17(j), and Section 22A of the Water Pollution Control Act, W. VA. CODE § 22-11-22A,” the initial complaint states.

This lawsuit, Case CC-55-2023-C-23, has become the central legal dispute over water contamination in southern West Virginia.

“The West Virginia Department of Environmental Protection used one of its enforcement tools under the surface mining act and brought a civil case against a subsidiary of pinnacle mining, trying to seek remediation of an artesian well that had sprung up in Wyoming County,” said Derek Teaney, Environmental lawyer and Adjunct Professor of Law at Washington and Lee University Law School.

The next hearing will take place in June of this year, meanwhile, residents and streams suffer from a lack of clean water. 

The Wyoming County Courthouse was built in 1916 by WV architect A. F. Wysong, who also designed the Charleston Municipal Auditorium.

After Pinnacle arrived in court, they made it clear the mine was bankrupt and halted operations in 2018. Pinnacle argues that the mine and the permits were sold to Bluestone Resources, a company owned by the son of the sitting Senator, Jim Justice.

“Pinnacle said, ‘We sold this mine to Bluestone, and they never did what they were supposed to do.’ So Pinnacle filed a third-party complaint, saying, ‘if we’re responsible, then they are too,’” Teaney explained.

Pinnacle argues that this means the current permit holder, Bluestone, which already faces a huge debt due to environmental violations, is responsible for any current discharge from the mine.

“According to Pinnacle, they had never done what they were supposed to do in taking over the permits that it promised to take over, which would include the one that was causing the artisanal well or spring to form, according to WVDEP,” Teaney said.

The Pinnacle mining complex that is under litigation closed down in 2018. Today, the courts are trying to figure out who now is responsible for the permit.

Bluestone, in turn, brought Alpha Metallurgical Resources into the lawsuit, claiming Alpha owns the Poca #3 seam and may bear responsibility for the current condition, as well as the artesian well. 

“You have the permittee who went bankrupt and said they sold it to Bluestone. You have Bluestone, who hasn’t yet taken it over, but says, look, if there’s a problem at this mine, it’s the responsibility of Alpha because Alpha owns the coal seams. And so now Bluestone has filed its own third-party complaint, saying if me, then also them,” Teaney said.

“There’s a lot of finger-pointing going on between three different coal companies, and it was all started just by DEP trying to get a coal company to comply with the law and protect the communities,” Teaney said.

As the legal back and forth was underway, Bluestone Resources sent a representative to the Christian residence to have them sign an affidavit saying they did not feel they were in danger due to the water. Jamie Christian says they signed it before understanding what was in the water.

In court, Bluestone used that affidavit to argue the situation was not urgent.

I have been to the Christian residence multiple times, where I have seen the water still percolating at the surface.

The main flow has been diverted, roughly 50 yards from the Christians home, where it now drains directly into Indian Creek with nothing but a few hay bales to filter it. Indian Creek runs into the Guyandotte, which houses the Guyandotte River Crayfish, a federally listed endangered species

On February 12th, 2025, the case came before a new judge, the Honorable Judge Miller.

It was a sunny Wednesday morning on the day of the hearing, and in the courtroom sat Judge Miller and lawyers representing Pinnacle, Bluestone, and Alpha. The only other people to bear witness to the hearing were Richard Altizer, Jamie Christian, and myself.

No lawyers objected when the court brought up health and safety, but Raymond Franks, attorney for Bluestone said, “I don’t disagree that, the question of public health and safety is paramount in the Court’s conscience, but it’s not as though the DEP is without a remedy in this particular instance.”

The hearing ended anticlimactically with Judge Miller requesting that all evidence and documentation be presented to the court so he can review it, due to the fact that he is just getting into the case. The next hearing was set for June 9th. 

PERMITS INVOLVED 

The ongoing court case focuses on WVDEP Mining Permit No. U-0204-83, which is tied to the now-bankrupt Pinnacle Mining Company and NPDES permit WV0090000. 

An Imminent Harm Cessation Order (IHCO) was issued to Pinnacle after Dillon’s visit, which initially prompted the litigation.

However, this is not the only permit potentially relevant to the crisis. Residents believe another permit, WV0052531, is also tied to potential mine drainage sites in the area. Community members and environmental investigators believe the water pollution may be tied to discharges at the Maitland Ponds site in McDowell County, within the Tug Fork watershed.

I went to the site of the old Pinnacle mine, but before I could get to it, there was a Bluestone Resources security booth. I talked with a Bluestone worker, who said I was not allowed to go any further. 

Down the valley sits the old Pinnacle Mine complex, and next door is an active Bluestone mine.

As contaminated water shows up across the map, the court case, while significant, may address only a fraction of the problem.

Private water testing reveals a striking similarity between the water currently in the court case and the water that is showing up all around the area. The case only deals with the Pinnacle Mine pool and Outlet 118, but nearly half a dozen unregulated discharges seem to originate from the same source.

Stiff tests or “piper plots” let scientists compare the similarities in water using their chemical makeup. When points appear in the same section, it reveals a similarity.

If the court case acknowledges the other sources, the implications have the potential to be monumental.

As documents are being prepared for the court, the next hearing is on June 9, all the while, residents live with the contaminated water.

“There’s nothing other than carrying water to your house. Residents in those areas really have to, you know, in a way, fend for themselves,” Wyoming County Commission President Jason Mullins said.

Laws of the Water – Government Response

What’s happening in southern West Virginia is potentially against the law. The federal Clean Water Act, Clean Air Act, along with state-level water quality regulations, are designed to prevent precisely the kind of contamination unfolding across Wyoming and McDowell counties. These laws don’t recommend clean air and water; they require it.

Accessible from the WVDEP website are laws that govern our waterways. Under West Virginia Code of State Rules §47-2-3, also known as the narrative water quality standards, any visible pollutants, such as solids, foam, sludge deposits, color, odor, or biological growths, are violations if they interfere with the designated use of the waterway or impair the water’s aesthetic quality.

One of the many designated uses for West Virginia streams is aesthetics. 

The EPA is one of the federal oversight agencies for the WVDEP. If you have a concern about a potential violation, they have a hotline available 24/7.

West Virginia law specifically prohibits:

  • §47-2-3.2.a. Distinctly visible floating or settleable solids, suspended solids, scum, foam, or oily slick
  • §47-2-3.2.b. Deposits or sludge banks on the bottom
  • §47-2-3.2.c. Odors in the vicinity of the water
  • §47-2-3.2.d. Taste or odor that would adversely affect the designated uses of the affected water
  • §47-2-3.2.e. Materials in concentrations which are harmful, hazardous, or toxic to man, animal, or aquatic life
  • §47-2-3.2.f. Distinctly visible color
  • §47-2-3.2.g. Algae blooms or concentrations of bacteria which may impair or interfere with the designated uses of the affected waters
  • §47-2-3.2.h. Requiring an unreasonable degree of treatment for the production of potable water by modern water treatment processes as commonly employed
  • §47-2-3.2.i. No significant impact to the chemical, physical, hydrologic, or biological components of aquatic ecosystems should be allowed

These laws were the basis for state action during the 2014 Elk River chemical spill when a chemical known as MCHM leaked into the water supply for 300,000 West Virginians in Charleston and users downstream. At the time, there was no numeric limit for MCHM in the water, but the state used the narrative water quality standards to justify a public health advisory and emergency response.

In contrast, today’s residents have reported elevated levels of heavy metals, SRB, and hydrogen sulfide, but so far, no public health advisory has been issued.

The West Virginia Department of Environmental Protection (WVDEP) is the agency responsible for enforcing the state’s water laws. According to FOIA-obtained records, WVDEP has been testing water in the affected areas for more than two years.

The agency maintains that all of the available data indicates mine discharge is not the root of the water problems in Indian Creek or beyond.

The Court has not made any rulings or findings regarding the artesianing/discharging water from the Pinnacle Mine potentially causing groundwater contamination or a public health risk. The discharge monitoring reports from the artesianing area indicate the water coming out of the Pinnacle Mine is in compliance with West Virginia’s water quality standards. The WVDEP has also coordinated with the Department of Health and the Wyoming County Health Department to sample private groundwater wells in the area, but to date, has not found any evidence that indicates the Pinnacle Mine discharge has impacted groundwater well users in the area. Historical groundwater data collected prior to the Pinnacle Mine starting operations shows elevated levels of iron, manganese, and other constituents. WVDEP is continuing to investigate this issue, is engaged in technical assistance from OSMRE, and briefed EPA Region 3 of this situation. Should the agency find evidence that the Pinnacle Mine discharge has impacted a groundwater well, the WVDEP will require the responsible party to provide a permanent solution,” Terry Fletcher said in an email.

In an email to Newswatch, Terry Fletcher said this, yet there have been no measures taken to abate the current circumstances that residents are aware of.

Beyond the narrative water quality standards, the Clean Water Act also requires more proactive oversight. Section 303(d) requires states to identify impaired water bodies that do not meet standards and create plans to improve them.

Despite mounting evidence presented by residents and independent testing, the waterways in question have not been officially listed as impaired by the WVDEP, and no plans have been released.

The ongoing case, CC-55-2023-C-23, cites two key statutes: W.Va. Code § 22-3-17(j), which governs enforcement actions under the Surface Mining and Reclamation Act, and W.Va. Code § 22-11-22a, which governs enforcement actions under the Water Pollution Control Act. 

W.Va. Code § 22-3-17(j)

This statute empowers the West Virginia Department of Environmental Protection the authority to take coal companies to court when they violate state mining regulations. That includes situations where a company refuses to comply with an official court order, obstructs inspections or violates their permit.

This provision was one of the legal foundations for the state’s case against Pinnacle Mining. Now residents are calling for the same enforcement to be applied across other contaminated areas, not just the one in under litigation.

The law reads,

“(j) Whenever any person: (A) Violates or fails or refuses to comply with any order or decision issued by the director under this article; or (B) interferes with, hinders or delays the director in carrying out the provisions of this article; or (C) refuses to admit the director to the mine; or (D) refuses to permit inspection of the mine by the director; or (E) refuses to furnish any reasonable information or report requested by the director in furtherance of the provisions of this article; or (F) refuses to permit access to, and copying of, such records as the director determines necessary in carrying out the provisions of this article; or (G) violates any other provisions of this article, the rules promulgated pursuant thereto, or the terms and conditions of any permit, the director, the Attorney General or the prosecuting attorney of the county in which the major portion of the permit area is located may institute a civil action for relief, including a permanent or temporary injunction, restraining order or any other appropriate order, in the circuit court of Kanawha County or any court of competent jurisdiction to compel compliance with and enjoin such violations, failures or refusals. The court or the judge thereof may issue a preliminary injunction in any case pending a decision on the merits of any application filed without requiring the filing of a bond or other equivalent security.”

W.Va. Code § 22-11-22a 

This statute outlines civil penalties for violating West Virginia’s water protection laws, specifically pertaining to coal mining operations. It applies to any permit holder who breaks conditions of their permit, pollutes waterways in violation of state laws, or exceeds any water quality standard, including the narrative water quality standards described earlier. 

If a company violates these rules, the WVDEP can impose fines up to $25,000 per day. One month of non-compliance can add up to $750,000 and just nearly $9 million over the course of a year. 

The law reads,

“(a) Any person who holds a permit to operate a coal mining operation issued under article three of this chapter who violates any provision of any permit issued under or subject to the provisions of this article or article eleven-a of this chapter is subject to a civil penalty not to exceed $25,000 per day of the violation and any person who violates any provision of this article or of any rule or who violates any standard or order promulgated or made and entered under the provisions of this article, article eleven-a of this chapter or article one, chapter twenty-two-b of this code is subject to a civil penalty not to exceed $25,000 per day of the violation: Provided, That any penalty imposed pursuant to the Surface Coal Mining and Reclamation Act [§§ 22-3-1 et seq.] shall be credited against any enforcement action under this article for violations of standards protecting state waters.”

These provisions give the WVDEP financial leverage when enforcing the law, when they choose to use it. 

Clean Air Act (CAA)

While much of the attention has focused on water contamination, methane, a potent greenhouse gas, also plays an important role in the crisis. 

The Clean Air Act gives the EPA the authority to regulate air pollutant,s including methane emissions from industrial sources. Federal initiatives such as the Methane Emissions Reduction Program and recently updated methane discharge laws were designed to reduce emissions nationwide.

West Virginia has no independent methane regulations. As a result, the state defaults to federal standards and is required to submit a State Implementation Plan (SIP) to show how it will meet those federal air quality benchmarks. 

Many residents, already skeptical of the WVDEP, also lack faith in broader government intervention, including from the EPA. To date, no methane-related enforcement or mitigation has been made public in connection with the suspected gas releases in the Brenton/Baileysville area.

Newswatch has submitted a FOIA request to confirm whether methane monitoring, regulation, or enforcement has been carried out in the region, but has not received them at the time of writing.

County Response

Jason Mullins, president of the Wyoming County Commission, was one of the first officials I contacted about the water crisis. He acknowledged the severity of the issue. 

“They need public water, whether you’re on a small well out there that’s not reliable or whether you have really bad water that comes in your house for another reason,” Mullins said.

“Some of this county is in desperate need for water. They’re to the point where it can’t hardly be filtered. It can’t be fixed. It’s got to be replaced. We have to find something better than what they have now for a source,” Mullins said.

Mullins said he wasn’t exactly sure when the commission was first informed of the issue, but felt that it wasn’t long ago.

Correspondence shown to me by Richard Altizer dated back over a year, and residents along Indian Creek don’t remember it being so recent.

“I know that word has gotten out to them, and they’ve had proof that the water situation is bad down through here. I just don’t understand why they’re dragging their feet,” Indian Creek resident Theresa West said.

The commission maintains that part of the problem is cost. Mullins said installing public water infrastructure would be too expensive for the county alone.

From Left to right: Dr. Samuel Muscari, Jason Mullins, Randall Aliff

“It ranges anywhere between $40,000 to $70,000 per household right now in this area to provide public water to these homes. It’s not the type of money that we have with the county commission. It’s things that we have to apply for grants and loans, and to make happen.” Mullins said. “We take tax money from Wyoming County, and we do our engineering, we do income surveys. We see exactly what the problem is.”

In February, the commission announced it had secured over $18 million in funding for water system upgrades targeting Pineville, Brenton, and Baileysville.

“These upgrades happen from the Pineville system, eventually, water lines will be put in the ground,” Mullins said.

In a county commission meeting in February this year, the commission announced they had secured funding for water upgrades to Pineville and an extension to Brenton and Baileysville, in total costing over $18 million.

These systems will draw water from the Guyandotte River, into which Indian Creek and other polluted tributaries flow, and despite that funding, no plan is currently in place to get water to residents along Indian Creek and other affected areas. 

For now, these residents are on their own. 

“There’s nothing other than carrying water to your house. The only thing residents in those areas really have is to, you know, in a way, fend for themselves,” Mullins said. 

Mullins also said that the county commission is not in contact with the WVDEP about the issue, and he does not know who, if anyone, is. Our conversation went like this:

Mullins: I haven’t seen anything directly from the DEP.

Delanty: There’s been like no contact from the DEP to the county Commissioner that you know of?

Mullins: Not that I know of. If they have, they may have contacted someone here at the courthouse, but I haven’t spoken to them myself.

Delanty: Okay. Do you know who would be the source for that? 

Mullins: I do not, no sir.

“Everyone has their place to work, and staying in your lane is pretty important,” Mullins went on to say.

Mullins also explained that he could not talk about many of these issues because they are currently under litigation. 

Mullins says the county is doing everything it can. But after years of waiting, residents are losing trust. 

“Please, please get this done for us,” said Irvin Lee. “We’ve waited an awful long time. We’ve been let down twice now after we’ve been told that we’re going to get it.”

For Roy New, a coal miner, the situation hit home in the worst way, “I dont want them to have to go to school in them clothes, how would they like for me to donate my kids clothes to their kids, have other kids tell them things like ‘you look like a welfare bum,’ they don’t know what that’s like, but I wish they did.”

State Response

In January, I reached out to the office of Governor Patrick Morrisey to request an interview about the ongoing water issues in Wyoming County. Initially, I was invited to the governor’s mansion to discuss the situation in person. That invitation was later downgraded to a station visit, then further reduced to a Zoom meeting. 

Forty minutes before the scheduled interview on February 13, Morrisey’s office called to cancel any discussion of the water crisis. I was told the governor would only address topics related to his recent State of the State address. I was told he would instead provide a written statement on the water crisis. 

After a month and multiple follow-ups, I was told on March 14 that a statement would be ready that day. At the time of writing, no statement has been provided.

Meanwhile, I also sought comment from Bluestone Resources and Senator Jim Justice, whose family company is tied up in the litigation. After outreach with no response, I learned he was going to be in Welch to show support for the recent flooding.

At Welch Elementary School, I spoke with members of Justice’s team. I informed them that I intended to ask about Bluestone Resources and was directed to Brian Abraham, Senator Justice’s Chief of Staff.

Brian Abraham, Chief of Staff to Senator Jim Justice, said the senator would not take questions about Bluestone.

Abraham told me the senator would not take questions about Bluestone, claiming Senator Justice is not involved in the company, and that operations are handled entirely by his son, Jay Justice. Abraham was unable to provide an official statement explaining this situation.

When Justice took questions at the Welch Armory, I asked him directly. The exchange went as follows:

Delanty: “The DEP has brought litigation in Wyoming County about ongoing safety and water issues. One of the companies named is Bluestone. Do you have a comment on that?”

Sen. Justice: “Well, the only comment that I would have is just this. My son heads up all that situation and everything with Blustone. But I really think if you dig deep into the situation, we are way down the food chain as far as anything that we had to do with anything in regard to this.”

I asked Senator Justice if he wanted to clarify anything in a press interview where he said, “Like I said, at the end of the day, from everything that I know, the amount of involvement that Bluestone has is nothing, zero. There are others that have some involvement, but it’s not Bluestone in this situation.”

Court documents show the permits for the Pinnacle Mining Complex were transferred to Bluestone. That transfer is now being challenged in the ongoing litigation above. 

While state leaders maintain their innocence, the water continues to flow into the creeks, the taps, and the lives of so many in this region.

What do residents want?

Coal from southern West Virginia has powered this country for more than a century. From the coal trains and trucks that never stop running, to the 6 million tons of coal exported to China in 2024 alone, the region has produced billions of dollars in natural resources. But for those who live here, the wealth never stayed.

For generations, coal trains have rolled through these hills, carrying away the fuel that built a nation, and leaving behind towns still waiting for something to come back.

Towns like Welch and Bramwell leave echoes of prosperity through empty storefronts and incredible architecture. Bramwell was once known as the “Home of the Millionaires.” Welch hosted John F. Kennedy twice on his campaign trail. Today, the towns sit quiet, proud, but many buildings, abandoned.

Welch is the county seat of McDowell County, just south of Wyoming County. The town is rich with history through the coal wars and even marked an important stop for President John F. Kennedy. At the time, over 100,000 people lived in the city, today, it is down to 18,000.

Coal remains essential to West Virginia’s economy, and few here want to see the mines shut down. Many of the people impacted by the water crisis are current or retired coal miners. They’ve spent their lives underground, pulling out energy for the rest of the country. 

They’re not calling to shut it all down. What they want is simple.

Regulation that works, accountability that’s real, and water that won’t make them sick.

Community leaders respond

With no clean water and little help from the state, some residents have taken matters into their own hands

Richard Altizer began investigating the issue two years ago, when he suspected that land beneath his home, and many others, had been illegally mined. What began as taking pictures soon turned into delivering water, submitting FOIA requests, and paying for independent water testing on nearby streams.

“I had some friends who lived on the creek. A couple of them had passed away. Now we’ve got a lot of bladder cancers, tumors on bladders, and kidney failures,” Altizer said.

Since then, he has spent nearly $10,000 of his own money on water testing, bottled water, and vehicle repairs.

“I just felt like it was my responsibility. I got help from some of my friends to make sure everybody on Indian Creek gets water.  Like I say, we’ve been here for almost two years and we’ll continue to do it as long as they need water,” Altizer said

Longtime friends Jerry Sutherland and Jamie Christian have been pitching in with their trucks and time when the need is greatest.

“I’ve spent hundreds of dollars on gas. I’ve had to put brakes on it, tires on it. But that’s just minor stuff compared to what these people are going through,” Sutherland said.

For many families, the water they receive from Altizer and his crew is the only clean water they have. 

“Well, what Richard gives me is the only thing we drink or cook with for anything,” Indian Creek resident Bobby Keane said.

“It’s good to know that somebody cares,” said Ricky Lane. “I mean, it wasn’t for him, we don’t hear anything from anybody. Nobody, I mean, nobody calls, nobody comes. If it wasn’t for Richard, we’d be in a world of hurt.”

Altizer’s efforts have been supported by local groups like the Itmann Food Bank and the nonprofit Blue Jay Rising, which have helped bring in pallets of water for those in need. 

“The drinking water has helped us tremendously. And we appreciate it… you don’t think $3 or $4 for a case of water is too much, but having to buy enough to cook and bathe, it’s been a major, major help,” Theresa West said.

“For them bringing this water to us, it just helps so much. We can’t drink or cook with our water, and these pallets? It just helps us in every way,” Adkins said.

Where It Stands and What You Can Do

The situation in these areas remains unresolved, while many residents still wake up every day without access to clean drinking water, and contaminated water still flows into the homes of federally protected wildlife.

If you believe you are witnessing a potential violation of the law, you can report it to the Environmental Protection Agency (EPA) through their toll-free line at 800-438-2474. You can also contact the West Virginia Department of Environmental Protection. 

For those seeking to support local relief efforts, organizations like Blue Jay Rising and the Itmann Food Bank are assisting residents directly.

Thank you for taking the time to follow this reporting. These issues remain urgent for the families who live with these conditions every day. 

Richlands, VA Police Department conducting death investigation

Richlands, VA (WOAY) – A Southwest Virginia police department is conducting a death investigation.

According to a media release, on April 16, 2025, officers with the Richlands Police Department responded to a call regarding an unresponsive person at a home on East 1st Street. When officers arrived on scene, they discovered a deceased person.

The police department is currently gathering information to investigate the circumstances surrounding the death.

The Richlands Police Department wants to assure the public that there is no indication of any ongoing threat or danger to the community related to this incident.

 

 

Multiple aviation accidents Thursday afternoon have left people dead

WASHINGTON, DC (WOAY)- Six people, including children, are dead after a helicopter crashed into the Hudson River in New York. This comes after a second aviation incident at Reagan National Airport. This time, two planes bumped wings while on the ground.

It involved two American Airlines passenger planes, one headed to Charleston and the other to JFK in New York. Several members of Congress were on board, including Representative Nick Lalota, who posted this picture on social media when it happened.

The airport says both planes returned to their gates, no injuries were reported, and there was no impact to flight operations. The incident comes after a mid-air collision at Reagan National in January that left 67 people dead.

Turning to the second incident, New York City police are on the scene after a helicopter crashed into the Hudson River on Thursday. Law enforcement officials say all 6 people on board, including three children, are dead. The victims were a family of tourists from Spain and the pilot.

The helicopter was on its 6th flight of the day and reportedly was in the air around Manhattan for about 15 minutes before crashing into the Hudson River. The NTSB and the FAA will investigate the cause of the crash.

We will continue to track these stories and update you as we learn more. Stay tuned to Newswatch at 11, where we will have more details.

Former West Virginia State Police superintendent files lawsuit against state

Charleston, WV (WOAY) – The former superintendent of the West Virginia State Police has filed a lawsuit against the state and the Department of Homeland Security.

Former superintendent Jan L. Cahill filed the lawsuit in Kanawha County Circuit Court on Monday, April 7, 2025.

According to court documents, Cahill alleges that conditions within the agency became so bad prior to his 2023 resignation that he was forced to resign, referred to legally as constructive discharge.

Cahill claims in the lawsuit that he was pressured to resign amid allegations and an investigation into corruption and misconduct within the agency.

He also alleges that he faced retaliation for reporting concerns over the handling of CARES Act expenses to the governor, referred to in the lawsuit as whistleblower retaliation.

According to the court document, Cahill claims former chief of staff Brian Abraham allegedly suggested attributing West Virginia State Police’s payroll to COVID expenses.

Jan L. Cahill was appointed as superintendent of West Virginia State Police in January 2017. He resigned in 2023.

 

 

 

WV Troopers make arrest in Clay County Double Homicide

Ivydale, WV (WOAY) – A West Virginia man has been arrested and charged after two people were found dead in a Clay County home.

According to a press release from the West Virginia State Police, on Thursday, April 3, 2025, 58-year-old Michael Wayne Adkins of Duck, W.Va., is accused of fatally shooting 38-year-old Richard Bishop of Maysel, WV and 54-year-old Brenda Dennis of Ivydale, WV at a home in the 6000 block of Big Otter Highway in the Ivydale area of Clay County, WV.

Michael Wayne Adkins was charged with two counts of 1st Degree Murder and is currently incarcerated at the Central Regional Jail pending arraignment in Clay County. 

 

WV Governor issues State of Preparedness for all 55 counties

Charleston, WV (WOAY) – WV Governor Patrick Morrisey wants to make sure West Virginians are ready for potential storms.

According to a media release from the Governor, a State of Preparedness declaration has been issued for all 55 counties. This due to potential weather patterns that could bring multiple rounds of severe thunderstorms with heavy rains and high winds in West Virginia beginning Wednesday, April 2, 2025, through Sunday, April 6, 2025.

“I am urging all West Virginians to heed weather warnings over the next few days as severe storms make their way across the state,” said Governor Morrisey. “As we continue to monitor developments, I have directed all state agencies and resources to prepare to respond as needed.”

The Governor and the West Virginia Emergency Management Division (WVEMD) is urging residents statewide to watch weather conditions closely and monitor any information released by emergency management officials.

 

2025 Friends of Charity Auto Fair canceled

Beckley, WV (WOAY) – A major fundraiser in that serves that serves two Raleigh County charities has been canceled.

According to a post on the Hospice of Southern West Virginia Facebook page, this year’s 20th Annual Friends of Charity Auto Fair is canceled due to unforeseen changes to insurance requirements.

The auto fair served as the largest fundraiser of the year for both Hospice of Southern West Virginia and Brian’s Safehouse bringing popular artists to Southern West Virginia for concerts.

Refunds will be processed within the next 14 business days for those who have already registered, sponsored, or signed up as vendors.

Organizers with the event say, although they are unable to have an event this year, they hope the public will continue to support these two vital nonprofit organizations. They count on the generosity of the donors to helps them provide essential services to our community. Please consider making a donation by visiting their websites:

Hospice of Southern WV say they remain hopeful and excited to return in 2026 at a new location.

 

 

Crews responding to structure fire in Fayette County

Fayette County, WV (WOAY) – Fire Crews in from Fayetteville are responding to a structure fire in Fayette County.

According to firefighters from Station 3, they are responding to the call along with fire crews from Oak Hill and Ansted in Beckwith, WV.
Not many details are available at this time.
Firefighters are asking people to avoid the area of Angel Lane and Bachman Road in the Beckwith area of Fayette County.
WOAY will bring you more details as they become available.
https://youtu.be/yOP8Y5Y1E9c

A wildfire on the East River Mountain in Virginia is currently heading north causing road closures and evacuations

BLAND COUNTY, VA (WOAY)- Crews are currently battling a fire on East River Mountain.

According to Bland County Emergency Management, the fire started in the 7100 block of Laurel Fork Road and is moving north. Residents on East River Mountain Road are being evacuated, and a temporary shelter is set up at Bland County Elementary School.

The Virginia Department of Forestry is currently reporting that the fire spans 200 acres and is about 35% contained. Earlier, the fire was reported to be spanning 80 acres and was 0% contained.

This story is developing, we’ll update you when we hear more.

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