Thanks to unreclaimed mines, flooding is a ticking bomb in Eastern Kentucky
.JPG "Buildings and roads were flooded near Lost Creek, Ky., Thursday, July 28, 2022.")
The horrendous flood event at Lost Creek in Breathitt County was a predictable event that will reoccur.
Ten years ago our law firm represented flood victims all over Eastern Kentucky from Bell to Breathitt to Pike Counties.
The common thread in all of these impacted communities is that they were situated near strip mining operations that were out of compliance with regulations that they must engage in simultaneous reclamation to minimize the run off after a rain event.
What we learned ten years ago is still true today. Eastern Kentucky has large tracts of unreclaimed strip mines in which no meaningful efforts have have been made to reclaim the properties thus leaving the folks below in continuous danger.
While there have been plenty of floods in Breathitt County, Lost Creek had never flooded. On July 28, it was wiped out— homes destroyed, lives lost. Not surprisingly Lost Creek is directly below an active strip mining operation. Those who live in Lost Creek who understand strip mining blame the coal operation. While the lost creekers were were desperately searching for their neighbors in the days following the flood event, what they found were notices of future blasting from Blackhawk mining.
The reality is that most of the unreclaimed strip mines are controlled by two bankrupt coal companies — Cambrian and Blackjewel. These bankrupted coal companies have been indifferent to rectifying their obligations to reclaim. Shamefully Kentucky regulators keep giving them free passes.
I recall 10 years ago taking the deposition of of mining inspectors who were simply unwilling to acknowledge that their failure to enforce mining regulations had the net effect of endangering those living below. Basically the residents had to assume the risk. Not surprisingly Blackhawk has asserted an assume the risk defense in their pleadings in the litigation we filed. In other words if us dumb hillbillies want to live below a strip mining operation, we are consenting to the risk of getting wiped out when the next rain event occurs.
There are two reasons to file a lawsuit. One is to help the people in front of you. The second is to call attention to the fact we have a problem bigger than the lawsuit.
We are going to get hit again. There are more ticking time bombs.
Ned Pillersdorf leads Pillersdorf Law Offices in Prestonsburg.
This story was originally published October 18, 2022 at 10:37 AM.