Judges’ Mediation of Massey Pollution Case Fails in West Virginia

A lawyer for the plaintiffs says attempts to settle a long-running water pollution lawsuit against Massey Energy Co. have failed.

Two judges on West Virginia’s mass litigation panel have been trying to mediate a settlement with Massey and its army of insurance company lawyers since Monday afternoon.

But the attempt has failed despite the judges’ best efforts, according to Bruce Stanley, who represents some of the more than 700 people suing Virginia-based Massey and subsidiary Rawl Sales & Processing over coal slurry they believe polluted their well water and made them sick. Slurry is the byproduct of washing coal to make it burn more cleanly.

Stanley said the plaintiffs look forward to taking the case to trial next summer and are confident justice awaits.