West Virginia American Water Under Fire After Train Explodes Near River

Over a year has passed since the Elk River chemical spill endangered the drinking water supply of West Virginia American Water customers. But the company has found itself under criticism once again this year, after a train exploded near a key water source.

The company is facing legal challenges after a train carrying crude oil derailed and exploded last month, leaking its contents near the Kanawha River, a drinking water source for two counties. 

Attorneys have filed a lawsuit against CSX, the company that owned the train, and against West Virginia American Water Company in the Fayette County Circuit Court, according to the Charleston Daily Mail. The suits were filed by Frank's Pizza, and Monoa Jones was listed as a plaintiff. "Other lawyers say they expect more to come out of the derailment," the report said. 

So far, the case against the water company is this: "The lawsuit alleged the water company became aware of the spill soon after it occurred and 'failed to timely and appropriately respond to the emergency.' It said the water company shut the intakes for the Montgomery Treatment Plant and there were only a few hours of water available in the system for customers," the report said. 

Laura Jordan, spokesperson for West Virginia American Water Company, commented on the allegations.

“We are aware of the lawsuit that is filed and we are still taking time to analyze the allegations therein,” she said, per the report. “Our position is that we responded quickly to the incident and our actions are fully described on our website.”

The spill comes as West Virginia regulators evaluate water safety issues in the aftermath of the Freedom Industries chemical spill that contaminated drinking water for as many as 300,000 West Virginians one year ago. In hopes of preventing future spills, lawmakers mandated a review of what's already on the books.

Lawsuits surrounding the derailment could have an impact on similar lawsuits surrounding the Freedom Industries incident, according to Harry Bell Jr., and attorney with the Bell Law Firm.

"Bell, who is involved in litigation against the water company resulting from the Freedom Industries leak, said the fact that the water company shut down the intakes because of the derailment could come up in arguments in the Freedom Industries case. Bell said the water company should have known what was upstream in the tanks and should have shut down the intakes," the report said.

Bell commented, per the report, "What a novel concept that West Virginia American Water shut down its intakes on this. Maybe, somehow, they learned what to do." 

Jordan, the spokesperson for the water utility, explained why the company reacted differently in the two instances. 

“The circumstances were different,” she said. “We base our response on a particular incident for every type of emergency. We feel that our response was appropriate given the circumstances," she said. 

"When responding to potential service, water utilities have to consider a number of factors — the nature of the contaminant, characterization of the incident as it’s provided to us by emergency responders, the size of the system, system recovery time and any other circumstances existing at the time of the incident," she continued, per the report.