Attorney Ned Pillersdorf says he was recommended the case by Pike County Judge Executive Wayne T. Rutherford.

Once he saw the specifics, he knew the people living along Big Branch Road in Pike County needed help.

"As a lawyer what can you do? File a lawsuit. And one of the interesting things about the lawsuit, we've actually asked the coal company to pay to relocate these people with the fear of this being such a dangerous, volitile situation," said Pillersdorf.

He says the lawsuit asks for the relocation as soon as possible while the lawsuit is pending.

"We've also retained the resources of national mining expert Jack Spadaro. Jack has indicated to me that these people need to move out, and I've told the Howard's that they need to move out of their house," said Pillersdorf.

The Howard's have told Pillersdorf, and Mountain News in previous interviews, that they don't have the means to relocate themselves.

"The lawsuit also alleges personal injury claims on behalf of Mrs. Howard which is consistent with someone who has their home and their wells infested with methane which is very dangerous."

The lawsuit calls for action to be taken to fix the wells by the end of this month.

Pillersdorf says he's waiting on a report from an expert to see if an injunction will be filed to move the Howards out immediately.

He says it will then be up to the circuit judge to order the coal company to relocate the family.

To find out more about the lawsuit, go to:
http://www.pillersdorflaw.com/HowardExcelMiningComplaint.pdf