McDowell County residents sue coal company for clean water

FOR IMMEDIATE RELEASE
August 21, 2026

CONTACT
Dan Radmacher, Media Specialist, (276) 289-1018, [email protected] 

McDOWELL COUNTY, W.Va. — Residents of the city of Gary filed a lawsuit in federal court late yesterday against Taishan Coal LLC and Taishan Resources LLC seeking to force the coal mining and processing company to provide a replacement drinking water source for the community because it has polluted the city’s current water supply. 

The suit claims that Taishan has allowed coal refuse from its Alpheus Prep Plant to surround and contaminate the well house for the city of Gary, which constitutes open dumping of solid waste under the U.S. Resource Conservation and Recovery Act. The suit further details how Taishan’s operations have contaminated the groundwater aquifer that supplies the town’s drinking water in violation of the West Virginia Surface Mining Control and Reclamation Act.

Attorneys with Appalachian Mountain Advocates filed the lawsuit in the U.S. District Court for the Southern District of West Virginia, Bluefield Division, on behalf of 18 local residents.

“My kids need clean drinking water,” said Sandra Blankenship, a resident of Gary who is a plaintiff in the lawsuit. “The fact that it is costing us a fortune to buy water constantly, oftentimes $200 a month on top of our $100 water bill, is ridiculous. They need to fix this situation and make sure we have clean water.”

The residents’ claims are corroborated by a Feb. 6, 2026, report produced by the West Virginia Public Service Commission. This report reflected the commission’s finding that the Gary Municipal Water Works is a distressed utility, and recommends that the McDowell County Public Service District assume control of Gary’s water utility. According to the report, the city’s groundwater supply lies below two valleys that have been filled with coal refuse and slurry, and the city’s well house has been flooded with coal refuse on several occasions, including during the Public Service Commission’s September 2025 inspection of the facility. 

While Taishan Resources LLC is not specifically named in the report, the processing plant and mining operations uphill of the well house and overlying the groundwater aquifer areTaishan’s permitted mine sites.

“It’s a travesty that the people of Gary have had to deal with contaminated water for as long as they have,” said Brad Davis, a Methodist minister and co-chair of the movement From Below, which runs a free drinking water distribution program in Gary. “If Taishan is responsible for polluting the water, then Taishan should be required to clean up their act and make sure the community has a reliable clean water source.”

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