Attorney Responds to Coal Companys Frivolous Lawsuit

by John OBrien, The West Virginia Record, May 4, 2006

Attorney Kevin Thompson has a clear-as-clean-water message for Rawl Sales and Processing coal mining company.

"The biggest opponent of frivolous lawsuits has filed one against me. To hell with them," he said. "If they want to sue me, to hell with them."

Thompson and partner Martin Smith are representing a group of hundreds of citizens suing Rawl Sales and Processing for alleged contamination of the drinking water in Rawl, a town in Mingo County.

Rawl Sales, in turn, has sued Smith and Thompson over a letter Thompson wrote to the Mingo County Commission.

That letter stated: "We have collected a massive amount of evidence that proves beyond any doubt the water in the Forgotten Communities is deadly. Our evidence proves that Rawl Sales and Processing knowingly contaminated the water. Our evidence shows that they did it without permits. And, our evidence shows that the people of Rawl are slowly dying."

Thompson argues he was only trying to help the citizens of Rawl. Rawl Sales and Processing argues that he defamed its character and filed a lawsuit last week in

Kanawha Circuit Court.

In 1994, the Department of Environmental Protection ordered that Massey Energy Company, the owner of Rawl Sales and Processing, provide a temporary water replacement. Massey took the case before the Surface Mine Board, which ruled in favor of the mining company.

Since then, the citizens of Rawl have been intent on making Massey accountable for the condition of their water.