Kentucky flood victims sue coal company claiming ‘ticking time bomb’ violations worsened disaster

Many of the plaintiffs are homeless as a result of the flooding, their complaint says

Devastating flooding in eastern Kentucky this summer left at least 38 people dead, and communities across the region picking up the pieces.

Now, one community in Breathitt County, one of the worst-hit areas, is suing a coal company, alleging that nearby mining operations worsened the damage caused by the floods.

The company’s alleged violations were “ticking time bombs ready to explode with any type of heavy rainfall,” the community’s complaint, filed in Breathitt Circuit Court on Monday, stated.

The lawsuit names 59 plaintiffs, all of whom claim to have suffered “significant property damage”, according to court documents obtained by The Independent. Most of the plaintiffs, who live in the area of Lost Creek are “currently homeless” due to the flooding, the suit reads.

The complaint accuses the coal company, Blackhawk Mining and its subsidiary Pine Branch Mining, of “improperly maintained and improperly constructed” silt ponds near their homes. Silt ponds are artificial ponds used for collecting wastewater and sediment from mining operations.

These silt ponds failed, spilling “debris, sediment, and other matter, including fish” on many of the plaintiffs’ properties, the complaint alleges.

The complaint also alleges that the company did not adequately reclaim strip mining locations near the community, which they say made the damage worse.

Strip mines — open-pit mines which remove the surface to access materials like coal — can be “reclaimed” by recovering the open area with rocks, soil and plants to reduce erosion and rebuild some of the ecosystem.

In addition, the community alleges that some of their well water supplies have been “destroyed, interrupted, or polluted.”

The Independent has emailed and left a message with Blackhawk Mining seeking comment.

The flooding in eastern Kentucky was one of the worst disasters in the US this year. Up to 10 inches (25 centimetres) of rain fell within 48 hours, with up to four more inches coming just days later, according to Nasa.

In the flooding that ensued, homes were destroyed, many people were left without power, and roads and bridges became impassable.

On a visit to the affected area this month, President Biden called the floods “another sign of dangerous climate change.”

Flooding like this is expected to become more common as the climate crisis grows. A warmer planet could bring much stronger storms which dump a lot of water all at once.

When a lot of water falls at once, especially in urban areas or low-lying valleys, flash floods can quickly form — leaving people no time to escape disaster.

Much of eastern Kentucky is in rural parts of the Appalachian Mountains, and many of the towns with the worst of the flooding lay at the bottom of low valleys amid the hills.

The region has a long history of coal mining, a core part of the Appalachian economy — but those mining operations have come with serious environmental concerns regarding water and air pollution, habitat loss for native species and erosion.

In addition, burning coal has been a big contributor to the climate crisis, spewing tons of planet-heating greenhouse gases into the atmosphere.