12/12/2002

Residents' lawyer calls Massey subsidiary 'terrible neighbor'

MADISON, W.Va. (AP) -- A Massey Energy subsidiary was called a "terrible neighbor'' Thursday by a lawyer for a group of Boone County residents who claim the company has refused to prevent coal dust from falling on their property.

Sylvester residents have complained about dust from Elk Run Coal's coal preparation, stockpile and loading facility since 1998.

"Massey Energy's Elk Run operation is a terrible neighbor,'' Charleston attorney Brian Glasser said during opening arguments in a lawsuit filed by 154 Sylvester residents against Massey.

"It is making them miserable,'' Glasser said.

The lawsuit, filed in February 2001 in Boone County Circuit Court, seeks to force Elk Run to correct the dust problem and reimburse residents for damages, including about $3.9 million in lost property values.

Elk Run attorney Al Emch said the company has significantly reduced the amount of dust that leaves its property. Extraordinary steps have been taken, including covering a facility that breaks up coal with a 115-foot-tall inflatable dome.

"There is no coal process, coal mining facility, anywhere -- anywhere -- that has taken as many measures as Elk Run has to suppress dust,'' Emch told jurors.

"It's not a great big cauldron of dust,'' he said.

The trial is expected to last about six weeks.