WEST VIRGINIA (WOAY) – As the Wyoming County water crisis deepens, residents have been left with little more than silence. Evidence shows that official court orders related to the water crisis have been ignored, mines are not held accountable for violating discharge permits, and nearly every branch of government has either gone silent or claims to need more information before commenting.
The contamination is linked to the former Pinnacle Mining Complex and nearby, formerly owned by U.S. Steel, and has resulted in visibly discolored water, thick bacterial growth, and methane gas venting in and around the residential water supply. Two preliminary injunctions were issued in 2023 and 2024 to compel corrective action. Neither has been fully enforced.
Ignored Court Orders
In May 2023, Judge Micheal Cochrane ordered the operator of the former Pinnacle Mine to prevent artesian mine water from pooling around the home of Jamie Christian, a resident living along Welch-Pineville Road. The court order required ongoing monitoring and immediate mitigation if the discharge became a threat to health or safety.
In a court hearing earlier this year, Bluestone lawyers argued that there is no issue with the artesian water.
“As far as I know, there is no issue with the, with the flooding, with what they call the ‘artesianing,’ the percolating of the water up to the surface,” Raymond Franks, Bluestone’s lawyer, said.
That water still flows at the Christian residence today.
Again, in March of 2024, the West Virginia Department of Environmental Protection (WVDEP) issued a Director’s Order to seal four open mine shafts. These shafts often have no safety barrier and are straight holes hundreds of feet into the ground.
Residents have told countless stories of automobiles, such as cars and even horses, falling into the shafts, never to be seen again.
These shafts include:
- Sulfur Branch Exhaust
- No. 4 Intake shaft
- Nine (9) Haulage intake shaft
- Eight (8) Haulage intake shaft
The court granted a second preliminary injunction in support of that action. The order set a sealing deadline of March 15, 2024, with monthly progress reports due to DEP inspectors.
Residents report visiting all four shaft locations this summer, with none of them sealed.
Fencing was down or missing, and shafts remained open and accessible to the public, in direct violation of the court’s order.
Regulatory Silence
Over the last month, I reached out to three different agencies, each responsible for a different aspect of regulating or enforcing environmental and public health laws related to the water crisis:
- West Virginia Department of Environmental Protection (WVDEP)
- Mine Safety and Health Administration
- Wyoming County Health Department
With over a month given and constant follow-ups sent, all failed to respond.
Despite Discharge Monitoring Reports (DMRs) showing chronic violations in several locations, the DEP has not taken corrective action. I asked why Lexington Coal Company has not faced consequences for over $3 million in unpaid fines, and why Consol Energy continues to operate despite months of missing DMRs.
After multiple follow-ups, the DEP did not respond.
When asked whether water samples collected by the WVDEP could be trusted and whether the agency had issued any public health advisories in affected areas like Brenton or Caples, silence was the only response.
I reached out to the Mine Safety and Health Administration to talk about the unsealed mine shafts, and after a month of reaching out, I was once again left with silence.
I stopped by the Wyoming County Department of Health to try to set up an interview. After getting a contact and sending a few emails, they stopped responding to me entirely.
I even asked if the Department of Health was allowed to do interviews, once again, silence.
Silence From the Governor
Governor Patrick Morrisey’s office initially acknowledged the list of questions that were sent at the beginning of June and stated that a response would be given shortly. Over a month later, no response has been given, despite repeated follow-ups.
The unanswered questions included, but were not limited to:
- Why is the WVDEP allowed to continue operating without intervention, despite documented pollutant violations in Discharge Monitoring Reports?
- What actions will your administration take if DEP leadership is failing to enforce environmental laws?
- In areas such as Brenton, Indian Creek, and Caples, residents rely on bottled water due to nearby mining activity. Why has no public health advisory been issued, and what is your immediate plan to ensure clean water and transparency?
- At what point is it appropriate to declare a state of emergency to protect residents affected by long-term contamination?
- How can the public trust DEP to protect public health when it has denied visible water quality violations like discoloration, odor, and bacterial blooms? Will you consider independent oversight or agency restructuring?
- EPA data shows Permit WV1030035 in New Richmond has over 1,000 days of exceedances and 11 months of illegal discharge levels. Why has no enforcement action been taken, and what is your plan if DEP continues to fail?
With silence, residents are left asking if they have been forgotten about entirely.
Court Hearing Delayed as Water Crisis Deepens
A court hearing originally scheduled for July 9 to address enforcement issues has been canceled. That news broke just hours before WOAY’s latest investigation aired.
Residents remain in limbo.
For those impacted by the contamination, like Jamie Christian and dozens of others along Indian Creek, Caples, and New Richmond, the lack of response feels like abandonment.
While countless residents are living without clean water, others are paying out of pocket for testing, bottled water, and filtration systems. As no help comes, more residents are reporting eye irritation, kidney trouble, and visible changes in the air and soil near their homes.
With court orders ignored and government agencies unwilling to comment, residents are left with lingering questions. If the law goes unenforced, what good is having laws at all?
