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.

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.

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.”

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.”

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.

“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,”

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.

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.”

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.

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?”

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.”

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.”

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.

“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.

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.”

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 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.”

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.

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.

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.

“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.

“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.

“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.”

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.”

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.

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.

“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.

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.

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.”

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.

“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.

“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.

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.

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.”

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. 

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.

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.

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. 

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. 

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.

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. 

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.

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. 

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. 

“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.

“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.

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.”

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.

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.”

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.

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.

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.

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.

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.