June 12, 2012
Deal reached in Prenter coal slurry lawsuit
Trial was to start Tuesday over Boone water-contamination claims
Page 2 of 2
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Residents of numerous coalfield communities say mining activities, including injection of coal slurry, are to blame for discolored, foul-smelling well water and a variety of health problems.

Generally, federal and state laws are meant to prohibit mining activities from damaging drinking water, and mine operators that do are required to provide replacement supplies. But in practice, regulators do not always strictly enforce those laws, and residents are forced to turn to the civil justice system.

West Virginia Department of Environmental Protection officials have said they have not found connections between slurry disposal and contaminated water, but a review by West Virginia University researchers said the DEP had required inadequate monitoring over the years to allow any real conclusions.

In the case that has just settled, about 350 residents were continuing to pursue claims against Alpha over the former Massey Energy operations for slurry pollution in the Prenter and Seth area. Residents previously settled claims against Patriot Coal's local operations.

The trial was to focus on personal injury and property damage claims of 14 individuals whose cases are representative of the rest of the community. The trial also would decide more broadly if all residents who sued are entitled to future medical monitoring costs to ensure early detection of any diseases linked to drinking water contaminated by the mining operations.

Residents are now served by public water lines and no longer rely on their wells for drinking water.

Reach Ken Ward Jr. at kw...@wvgazette.com or 304-348-1702.

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Copyright 2012 The Charleston Gazette. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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