Attorneys filed this week a lawsuit on behalf of 29 people claiming that recent flooding was caused by mining and construction of the King Coal Highway.

According to papers filed in Mingo County Circuit Court, the mining companies involved are Alpha Natural Resources, Cobra Natural Resources, White Flame Energy and Nicewonder Contracting.

Attorney Kevin Thompson filed a suit on behalf of 19 plaintiffs, listing 29 complaints. Thompson said, in the complaint, that he is aware of at least 20 other claimants on the Mate Creek side of the mining operation who will file action in the near future. He added that, based on his experience, he expects dozens of other cases will be filed before the statute of limitations on the action runs out in May 2011.

The suit charges the companies have committed negligence; trespass and property damage, among other charges, and seeks punitive damages as well as a halt to mining operations.

Thompson said flooding which occurred earlier this year were the result of the companies’ neglect.

“They caused flooding in May and July of 2008,” he told the Daily News. “Complaints were made, yet they did nothing to correct the problem. They should have known there was a problem with their storm water prevention plan.”

The attorney went on to say the mine itself did not appear to be well maintained.

“It doesn’t look like any engineered mine site I have ever seen in Mingo County.,” he said. “The people who work at coal mines here know what they are doing, and how to avoid things like this. We have more skilled earth movers here than probably any other place on earth, they simply had to move some earth.”

Thompson said he felt the case would quickly expand..

“I feel there will be 100 families involved in this lawsuit,” he said.

The potential number of plaintiffs in the case could cause a back up in the court system if the case were tried at the circuit level, Thompson said, so he has requested the case be referred to the Mass Litigation Panel, which is a group of judges who are assigned to handle cases that could overwhelm a circuit court.

The Chief Justice of the West Virginia Supreme Court will decide if the case will go to that Panel.

The King Coal Highway will be a major post mine land use project. The companies involved have agreed to donate land to the county for construction of the property after mining operations are finished.