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.
