WYOMING COUNTY, W.Va. (WOAY) – More than two years after filing suit over mining violations at the Pinnacle Complex, the WVDEP has dismissed the case.
Court documents show the WVDEP, along with Pinn MC Wind Down Company, Bluestone Resources, and Alpha Mettallurgical Resources, agreed to a stipulation of dismissal on Sept. 2. The filing ends all claims and counterclaims without prejudice, leaving open the possibility of future litigation regarding the matter. Each party will cover its own legal fees.
WOAY NewsWatch has requested additional answers from the WVDEP regarding the decision. While those questions are pending, agency spokesperson Terry Fletcher issued the following statement:
“The WVDEP initially filed suit, Wyoming County Circuit Court case number 23-C-23, because of Pinn MC Wind Down Co., LLC’s failure to comply with the WVDEP’s orders to remedy violations with respect to Permit No. U020483. On June 19, 2025, the WVDEP revoked Permit No. U020483, and will now use the forfeited bond proceeds along with additional funds secured from the company’s Plan Administrator to address on-the-ground issues. With all available funding from the responsible party in hand, the agency is focusing its efforts on reclamation and water management rather than continued litigation, ensuring resources are directed where they will most benefit the public and environment.”
For residents in the area, although cleanup efforts are celebrated, this is not the outcome they were hoping for.
“It is disheartening, and we will find out why this happened one way or another,” Richard Altizer, a Wyoming County resident, said. “They are using taxpayer money to fix something someone else did.”
This dismissal comes just weeks after WOAY’s coverage prompted a congressional amendment to be added regarding contaminated water in Wyoming and McDowell Counties, as well as months of heightened public scrutiny following media coverage of the crisis.
stipulation of dismissal
