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This article originally provided by The Williamson Daily News
August 5, 2006
Massey saga continues over needed water
WILLIAMSON - Local residents who have been waiting for water replacement for more than a week from the mining company accused of destroying their wells and water systems are still waiting.On June 8, 2006, a motion was filed by the attorney representing the Lick Creek, Rawl, Merrimac and Sprigg residents asking that the mining company be ordered to provide an alternative source of water replacement.
This motion was granted on July 24, 2006, and Circuit Court Judge
Michael Thornsbury decreed that the defendants, Rawl Sales and
Processing Company, a subsidiary of Massey Energy Company, provide
one case of bottled water per person every week to 194 individuals
who had filed their case as of Jan. 7, 2006. A motion was also made
to include an additional 35 people who filed subsequently to the
June hearing.
The mining company had been given 72 hours to bring the water to the
Rawl Church of God in Christ where it was to be distributed.
In the meantime, Massey Energy's attorney Dan Strickler filed a
motion for Stay of the Order Granting Injunctive Relief for a
temporary water supply. In his filing, the attorney asked that if
the motion was denied that the plaintiff's attorney, Kevin Thompson
be required to post a $50,000 bond.
Massey's legal counsel stated that the company would suffer
irreparable harm to their reputations and undue hardship in the form
of substantial cost in purchasing replacement water.
Although Judge Thornsbury denied a motion from the defendant's
attorney asking for a Stay of the Order Granting Injunctive, he did
amend the order to require Thompson to post the bond.
On Friday, Thompson said a new motion would be filed.
I talked to Insurance Agent George Poole who told me I could not
get a bond because no insurance company wants to gamble the outcome
of a civil lawsuit, Thompson said. In retrospect we understand
insurance companies aren't in the business to gamble lawsuits.
Thompson said he would be making a motion that in lieu of an
insurance bond the court accept a $50,000 letter of credit from his
bank. I also anticipate filing an additional complaint for
residents who have signed up for the lawsuit since July 1, 2006,
Thompson said.
In addition, Thompson said the judge's new order does not reflect a
time limit for the coal company to begin supplying the water. By my
reading of the order, after the $50,000 bond is posted, the coal
company will have to begin providing water immediately, he said.
By AUDREY CARTER
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