Another law firm gathering info about Wayne water crisis

WAYNE – As the water crisis in Wayne moves into its third week, more law firms are looking into the issue.

About 2,400 homes in and around the town have been without water service for more than two weeks because of alleged vandalism at a substation led to the leak of nearly 5,000 gallons of oil into Twelvepole Creek.

Wayne water customers have been under a “Do Not Consume” order since January 16. The state Department of Environmental Protection says vandalism at an Appalachian Power substation in East Lynn at a Rockspring Development mine caused 4,900 gallons of transformer oil to leak into Twelvepole, which runs through Wayne before draining into the Ohio River. The state Department of Health says hydrocarbons have been found in the Wayne water system.

The Department of Health and town officials have been collecting samples, but freezing temperatures have hindered testing and have slowed cleanup efforts. And on February 2, the town issued a notice about a water main break – not that residents should use the water anyway.

Although their offices are in Huntington, attorneys Ken and Jared Hicks are lifelong Wayne County residents.

Ken Hicks said he always has fought for Wayne Countians, noting he secured the largest civil verdict in county history a few years ago.

“If we take the case, we’re not going to sit on them,” Ken Hicks told The West Virginia Record. “We’re going to work them.”

His son Jared agreed, saying the firm already is doing some leg work and gathering information for a potential class action.

“We’ve got a few people on the ground out there doing water samples and such,” Jared Hicks told The Record. “I think we’re all in the same boat. We’re just waiting to see what the damage is.”

Like many Wayne residents, Ken Hicks also said he isn’t sure he believes the theory that the contamination is a result of vandalism.

“I don’t buy it,” he said. “We’ve got a former sheriff’s deputy with an investigative company, and he doesn’t buy that vandalism argument either. A lot of people out there think it’s something officials have made up.

“We’re also hoping to find out where they’re taking the soil and dumping it. We’re right now doing a lot of investigation. I’ve also been told there’s more than one source of contamination out there.”

Ken Hicks said many existing clients have reached out to the firm about the issue. That includes some who have rental properties that house a lot of water customers.

“We expect to sign up more than 100 people by later this week,” Jared Hicks said. “This is a very serious problem.”

His father agreed.

“It’s just so sad,” he said. “We have an older population. Some of them don’t have transportation and have no way of getting water without a neighbor helping them out.”

Jared Hicks continued.

“A lot of these older folks don’t have social media, so they might have ingested this water before they knew what was going on,” he said. “It’s worrisome.

“We’re here to help the people of Wayne and do whatever we can.”

Last week, Fredeking & Biser – another Huntington firm – said it has been receiving 10 to 15 calls a day about the situation. And famed environmental activist Erin Brockovich is working to make sure the situation isn’t swept under the rug.

Paul Biser noted a similar incident at a Boone County mine in 2022 that involved the same mine company – Rockspring Development – and AEP. Another similar incident occurred January 30 in Wyoming County.

“We’re waiting to see who all is going to be involved,” Biser said. “Appalachian Power, of course, because it’s their transformer. And it’s on mine property, so the mine company as well. The mine should have known this could happen, based on what happened in 2022.

“Anyone can get on that property. The gate is open. People are out there four-wheeling all the time. No one was out there watching it, monitoring the site.”

Biser said the mine has been closed for several years, and the mine company apparently has been working at the site lately salvaging metal and equipment.

“Even if it was vandalism, they (Rockspring) were doing demolition work,” he said. “The vandalism apparently was just opening a valve and letting the oil flow out.

“They should have taken prevention to keep that from happening. There’s no security there now. There’s nothing in place. Every Tom Dick and Harry can go out there to do whatever they want.”

Brockovich posted about the Wayne situation January 28 on social media.

“Wayne County, West Virginia — I see you,” Brockovich wrote on Facebook. “I want you to know that I am seeing your messages and hearing your concerns. I didn’t want anyone to think they were being ignored. What you’re dealing with is serious, and your voices matter.”

In the post, she said she is working with water expert Bob Bowcock to get carbon delivered to Wayne’s water treatment system to help with filtration. She also said Bowcock wants to work with the state to “better prepare for these manmade and natural disasters.”

Brockovich also asked residents to message her with any information about the origins of the situation.

“Information from the community is often critical in understanding what happened and what needs to happen next,” she wrote. “Please continue to look out for one another. I will continue to stay engaged and do what I can to help.”

Brockovich was active in West Virginia in 2014 when a chemical leak left 300,000 people without water for days in the Charleston and Kanawha Valley area.

In 1993, Brockovich helped build a case against Pacific Gas and Electric in California over the pollution of the water supply in the town of Hinkley. That story became the 2000 movie “Erin Brockovich,” starring Julia Roberts in the title role.

Wayne County Sheriff Eddie Bradshaw said the department is offering a $2,500 reward for information on the alleged vandalism, and water is being distributed at Wayne Town Hall, the East Lynn Fire Department and at the former Save-A-Lot store just north of Wayne. Shower and laundry services also are available at Wayne Town Hall, East Lynn Fire Department, Dunlow Community Center and Wayne Charter House.WAYNE – As the water crisis in Wayne moves into its third week, more law firms are looking into the issue.

About 2,400 homes in and around the town have been without water service for more than two weeks because of alleged vandalism at a substation led to the leak of nearly 5,000 gallons of oil into Twelvepole Creek.

Wayne water customers have been under a “Do Not Consume” order since January 16. The state Department of Environmental Protection says vandalism at an Appalachian Power substation in East Lynn at a Rockspring Development mine caused 4,900 gallons of transformer oil to leak into Twelvepole, which runs through Wayne before draining into the Ohio River. The state Department of Health says hydrocarbons have been found in the Wayne water system.

The Department of Health and town officials have been collecting samples, but freezing temperatures have hindered testing and have slowed cleanup efforts. And on February 2, the town issued a notice about a water main break – not that residents should use the water anyway.

Although their offices are in Huntington, attorneys Ken and Jared Hicks are lifelong Wayne County residents.

Ken Hicks said he always has fought for Wayne Countians, noting he secured the largest civil verdict in county history a few years ago.

“If we take the case, we’re not going to sit on them,” Ken Hicks told The West Virginia Record. “We’re going to work them.”

His son Jared agreed, saying the firm already is doing some leg work and gathering information for a potential class action.

“We’ve got a few people on the ground out there doing water samples and such,” Jared Hicks told The Record. “I think we’re all in the same boat. We’re just waiting to see what the damage is.”

Like many Wayne residents, Ken Hicks also said he isn’t sure he believes the theory that the contamination is a result of vandalism.

“I don’t buy it,” he said. “We’ve got a former sheriff’s deputy with an investigative company, and he doesn’t buy that vandalism argument either. A lot of people out there think it’s something officials have made up.

“We’re also hoping to find out where they’re taking the soil and dumping it. We’re right now doing a lot of investigation. I’ve also been told there’s more than one source of contamination out there.”

Ken Hicks said many existing clients have reached out to the firm about the issue. That includes some who have rental properties that house a lot of water customers.

“We expect to sign up more than 100 people by later this week,” Jared Hicks said. “This is a very serious problem.”

His father agreed.

“It’s just so sad,” he said. “We have an older population. Some of them don’t have transportation and have no way of getting water without a neighbor helping them out.”

Jared Hicks continued.

“A lot of these older folks don’t have social media, so they might have ingested this water before they knew what was going on,” he said. “It’s worrisome.

“We’re here to help the people of Wayne and do whatever we can.”

Last week, Fredeking & Biser – another Huntington firm – said it has been receiving 10 to 15 calls a day about the situation. And famed environmental activist Erin Brockovich is working to make sure the situation isn’t swept under the rug.

Paul Biser noted a similar incident at a Boone County mine in 2022 that involved the same mine company – Rockspring Development – and AEP. Another similar incident occurred January 30 in Wyoming County.

“We’re waiting to see who all is going to be involved,” Biser said. “Appalachian Power, of course, because it’s their transformer. And it’s on mine property, so the mine company as well. The mine should have known this could happen, based on what happened in 2022.

“Anyone can get on that property. The gate is open. People are out there four-wheeling all the time. No one was out there watching it, monitoring the site.”

Biser said the mine has been closed for several years, and the mine company apparently has been working at the site lately salvaging metal and equipment.

“Even if it was vandalism, they (Rockspring) were doing demolition work,” he said. “The vandalism apparently was just opening a valve and letting the oil flow out.

“They should have taken prevention to keep that from happening. There’s no security there now. There’s nothing in place. Every Tom Dick and Harry can go out there to do whatever they want.”

Brockovich posted about the Wayne situation January 28 on social media.

“Wayne County, West Virginia — I see you,” Brockovich wrote on Facebook. “I want you to know that I am seeing your messages and hearing your concerns. I didn’t want anyone to think they were being ignored. What you’re dealing with is serious, and your voices matter.”

In the post, she said she is working with water expert Bob Bowcock to get carbon delivered to Wayne’s water treatment system to help with filtration. She also said Bowcock wants to work with the state to “better prepare for these manmade and natural disasters.”

Brockovich also asked residents to message her with any information about the origins of the situation.

“Information from the community is often critical in understanding what happened and what needs to happen next,” she wrote. “Please continue to look out for one another. I will continue to stay engaged and do what I can to help.”

Brockovich was active in West Virginia in 2014 when a chemical leak left 300,000 people without water for days in the Charleston and Kanawha Valley area.

In 1993, Brockovich helped build a case against Pacific Gas and Electric in California over the pollution of the water supply in the town of Hinkley. That story became the 2000 movie “Erin Brockovich,” starring Julia Roberts in the title role.

Wayne County Sheriff Eddie Bradshaw said the department is offering a $2,500 reward for information on the alleged vandalism, and water is being distributed at Wayne Town Hall, the East Lynn Fire Department and at the former Save-A-Lot store just north of Wayne. Shower and laundry services also are available at Wayne Town Hall, East Lynn Fire Department, Dunlow Community Center and Wayne Charter House.