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Winds of Change Newsletter, October 2009 See sidebar for table of contents
Families in Mingo Co. Sue Over Flooding
According to the Associated Press, in September, 20
families along Pigeon Creek in Mingo County filed lawsuits against
mining companies over property damage.
The families contend mining operations, including
construction of part of the King Coal Highway, worsened damage to their
properties from a flood this spring. Named as defendants in the lawsuit
are Alpha Natural Resources Inc. of Abingdon, Va., and three
subsidiaries.
Alpha spokesman Ted Pile told the Associated Press, "It
was a natural disaster caused by exceedingly high rainfalls and ground
saturation. It was an act of God, not an act of man."
The suits charge that the companies have committed
negligence, trespass and property damage. The cases seek punitive
damages as well as a halt to mining operations.
The potential number of plaintiffs in the cases could
cause a backup in the court system if the case were tried at the circuit
level, the lawyer handling the cases said, so he has requested the cases
be referred to the Mass Litigation Panel, which is a group of judges who
are assigned to handle cases that could overwhelm a circuit court.
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