West Virginia
Court sides with West Virginia TV station over records on top official’s firing
CHARLESTON, W.Va. (AP) — A termination letter involving a former top official at the now-defunct agency that ran West Virginia’s foster care and substance use support services is public information, a state appeals court ruled this week, siding with the television station that was denied the letter.
The public interest in the firing of former Department of Health and Human Resources Deputy Secretary Jeremiah Samples — who was the second-highest-ranking official in the state’s largest agency — outweighs concerns about privacy violations, West Virginia Intermediate Court of Appeals Chief Judge Thomas E. Scarr said.
“Public employees have reduced privacy interests in records relating to their performance—especially when the records relate to the conduct of high-ranking officials,” he wrote in a Thursday decision, reversing a Kanawha County Circuit Court decision from last year.
The appeals court judges demanded that the lower court direct the department to release the letter penned by former health and human resources Secretary Bill Crouch to Huntington-based television station WSAZ.
Crouch fired Samples in April 2022 while the department’s operations were under intense scrutiny. Lawmakers last year voted to disassemble the Health and Human Resources Department and split it into three separate agencies after repeated concerns about a lack of transparency involving abuse and neglect cases. Crouch later retired in December 2022.
After he was fired, Samples released a statement claiming the agency had struggled to “make, and even lost, progress in many critical areas.”
Specifically, he noted that child welfare, substance use disorder, protection of the vulnerable, management of state health facilities and other department responsibilities “have simply not met anyone’s expectation, especially my own.” He also alluded to differences with Secretary Crouch regarding these problems.
WSAZ submitted a public records request seeking information regarding the resignation or termination of Samples, as well as email correspondence between Samples and Crouch.
The request was denied, and the station took the state to court.
State lawyers argued releasing the letter constituted an invasion of privacy and that it was protected from public disclosure under an exemption to the state open records law.
The circuit court sided with the state regarding the termination letter, but ruled that the department provide WSAZ with other requested emails and records. While fulfilling that demand, the department inadvertently included an unredacted copy of an unsigned draft of the termination letter.
In this draft letter, Secretary Crouch sharply criticized Samples’ performance and said his failure to communicate with Crouch “is misconduct and insubordination which prevents, or at the very least, delays the Department in fulfilling its mission.”
He accuses Samples of actively opposing Crouch’s policy decisions and of trying to “circumvent those policy decisions by pushing” his own “agenda,” allegedly causing departmental “confusion” and resulting in “a slowdown in getting things accomplished” in the department.
The agency tried to prevent WSAZ from publishing the draft letter, but in August 2023, the court ruled it was WSAZ’s First Amendment right to publish it once it was sent to the station. Samples told WSAZ at the time that he supports transparency, but that the draft letter contains “many falsehoods” about him and his work.
In this week’s opinion, the appeals court judges said the fact that the draft letter was released only heightened the station’s argument for the final letter.
The purpose of the privacy exemption to the Freedom of Information Act is to protect individuals from “the injury and embarrassment that can result from the unnecessary disclosure of personal information,” Scarr wrote.
“The conduct of public officials while performing their public duties was not the sort of information meant to be protected by FOIA,” he said, adding later: “It makes sense that FOIA should protect an employee’s personal information, but not information related to job function.”
West Virginia
West Virginia DEP seeks details on Peoples Cartage fire cleanup, lawsuit filed on behalf of residents
Heavy equipment sits Friday at the Peoples Cartage warehouse facility, where cleanup after the recent fire is underway. (Photo by Gwen Sour)
UPDATE: On Friday evening, the West Virginia Department of Health announced it had issued a cease-and-desist order on cleanup efforts at the site of the Peoples Cartage warehouse fire on Camden Avenue just outside of Parkersburg due to the potential presence of asbestos.
According to a release from the department, officials determined that, based n the age of the building that erupted in flames on July 5 and visual observations during the cleanup process, asbestos might be present at the site.
“Under the department’s order, the owners of Peoples Cartage will be directed to utilize licensed asbestos contractors to determine the best way to manage and dispose of debris in a manner that is protective of the public’s health,” the release says.
When a building is damaged by fire, materials containing asbestos may be disturbed, potentially releasing fibers into the environment, the release says. The health risk depends on multiple factors, including the type and amount of materials involved, the extent of the damage, wind and weather conditions, proximity to the site, duration of exposure, and the methods used to contain and remove debris, it says.
“Asbestos-related illnesses are generally associated with significant and repeated exposure over time, not brief exposure,” said Acting State Health Officer and Acting Public Health Commissioner Dr. Mark McDaniel. “Individuals who were around the initial fire or exposed to its smoke who are experiencing persistent coughing, wheezing, shortness of breath or discomfort, or other respiratory symptoms should consult their healthcare provider.”
Individuals most likely to experience respiratory complications are those with preexisting conditions such as chronic obstructive pulmonary disease (COPD), reactive airway disease and asthma, the release says. Smoke exposure can cause mild irritation and may lead to serious breathing complications.
The release says protecting the community’s health and safety is the department’s priority, and cleanup activities can resume after appropriate measures have been implemented in accordance with state requirements.
Original story:
PARKERSBURG – The owners of a warehouse where a fire that rekindled July 5 sent thick black smoke billowing over south Parkersburg must submit cleanup plans for the site, state regulators announced days after a proposed class action lawsuit was filed over the incident.
On Thursday, the West Virginia Department of Environmental Protection announced it had ordered Peoples Cartage to submit plans addressing the removal and disposal of debris from the fire, sampling, and “remediation of any areas found to contain contamination above applicable regulatory limits.” Each plan must include specific timelines in which the work will be done, a release from the DEP said.
The order also requires additional runoff controls so that the cleanup and remediation does not impact the state’s waters.
“This order puts clear requirements and timelines in place to make sure the site is properly cleaned up and any environmental impacts are addressed,” said WVDEP Cabinet Secretary Harold Ward. “We are using our regulatory authority to require the company to tell us how it will complete this work, establish timelines for getting it done, and carry out the cleanup under our oversight.”
Peoples Cartage can continue remediation work while the plans are developed and reviewed. The DEP will maintain a presence at the site to oversee the cleanup activities, the release said.
The agency is also continuing to sample the Little Kanawha River, the release said, adding that “all preliminary results to date have met applicable water quality standards.”
A release issued Friday says the agency will utilize a green, non-toxic tracer dye to determine drainage and water flow pathways at the site.
“The visible green color is expected as part of the testing and does not indicate a spill or contamination,” the release says.
This will help the DEP ensure appropriate controls are in place to prevent effects on nearby waterways, the release says.
Thursday’s release says the West Virginia Department of Agriculture is seeking information from farmers, gardeners, and agricultural producers who believe their operations may have been affected by debris fallout from the fire. People can submit information to the agency through its website at https://agriculture.wv.gov/.
“The information collected through this portal will help the WVDA identify potentially affected agricultural operations, assess the extent of any impact, and determine whether additional outreach, monitoring, or assistance may be appropriate,” the site says.
The DEP release adds that Agriculture personnel will be deployed as needed to assist with sampling efforts.
The lawsuit was filed Tuesday against Peoples Cartage and its parent company, Canton-based Total Distribution Inc.
The plaintiffs are Parkersburg residents James and Doris Anthony, but the suit proposes a class of all residents, business operators and property owners within the scope of the shelter in place issued Monday and “the broader area affected by smoke, ash, soot or other particulate matter emanating from the fire.” It notes the specific geographic boundaries are subject to refinement and modeling of the smoke plume.
The suit alleges negligence and “a conscious, reckless disregard for the safety” of the plaintiffs and members of the proposed class, who suffered “economic loss, loss of use and enjoyment of property, annoyance and inconvenience, and, for some class members, personal injury.”
The complaint was signed by 11 attorneys from four Charleston law firms.
The suit refers to the initial fire that started on the morning of July 4 and notes it was believed to be contained by the facility’s fire suppression system.
“It has been reported that the Defendants shut off the sprinkler system because it was soaking additional boxes of stored material, and there was a concern that the wet boxes, which were piled up to 16 feet high within the warehouse, would collapse, creating a hazard to persons working inside the building,” it says. The source of that report is not specifically cited.
The suit alleges the company directed or allowed workers “to remove and open fire-damaged boxes of volatile and combustible material before the sprinkler system had been restored,” despite firefighters’ instructions to prioritize restoring the fire suppression system and maintain a fire watch.
It says the company worked to have the sprinkler heads that activated during the fire replaced and the system restored, “taking the suppression system offline without a sufficiently safe alternative in place.” They initiated a fire watch while the system was offline.
A statement issued by Total Distribution the day after the fire started said “a stringent fire watch was maintained throughout the day and overnight.” The company declined to answer followup questions and did not return a message seeking comment on the lawsuit.
The suit points to violations issued by the West Virginia Department of Environmental Protection for fires and hazardous material storage issues at a facility at the Airport Industrial Park in Wood County that was acquired by Peoples Cartage in 2024, with some violations as recent as March of this year.
“In clear disregard to the apparent, obvious, and demonstrated fire risks inherent to their operations, (the defendants) failed to adequately assess, audit, or correct fire risks at the Camden Avenue facility prior to the July 2026 fire,” it says.
A DEP representative said earlier this week that the Camden Avenue warehouse had not been designated a generator of hazardous waste since October 2024, although it previously was one.
Evan Bevins can be reached at ebevins@newsandsentinel.com.
West Virginia
West Virginia to launch school clothing allowance program
KANAWHA COUNTY, W.Va. (WOWK) – The school clothing allowance program will soon be open to eligible children for the upcoming school year.
The West Virginia Department of Human Services will begin to accept applications for eligible children enrolled in West Virginia schools starting on Monday, July 20.
Applications can be found HERE or by requesting a paper application be mailed to them by contacting the DOHS office. They will be accepted until August 15, or until available funds are fully allocated.
Each eligible child will receive a $200 benefit that may be used toward the purchase of appropriate school clothing or piece goods for families who sew clothing for their children.
The monthly income for a family of four for the school clothing program may not exceed $3,483.
The program’s future was uncertain due to the state’s federal Temporary Assistance for Needy Families funding. Governor Patrick Morrisey announced that West Virginia has ensured that the funding needed to open the program for families this year will be available.
“We are doing this the right way, and we’re working to make funding streams last. COVID-era reliance on one-time money helped create these challenges, so now we are working to put this program on solid footing. Starting July 20, West Virginia families can apply for the School Clothing Allowance,” said Governor Patrick Morrisey.
The School clothing allowance program recipients will receive payments on their EBT cards. This will allow for both online transactions and an increased choice of vendors when purchasing school clothing. The EBT card will operate like a debit card and can be used at any retailer who accepts EBT cash transactions.
Parents or guardians of children in foster care will receive the school clothing allowance benefit as a check.
West Virginia
Helicopter crashes in Pocahontas County
MARLINTON, W.Va . (WVVA) – UPDATE: The NTSB has confirmed the crash involves a Sikorsky S76D helicopter.
A helicopter has crashed in Pocahontas County.
Few details are available at this time but the crash has been confirmed in the Marlinton area.
Capt. Leslie T. Goldie with the West Virginia State Police said Troopers are on the scene assisting with security and the National Transportation Safety Board (FAA) will investigate the crash.
The NTSB has confirmed the crash involves a Sikorsky S76D helicopter.
WVVA will provide details as they become available.
Copyright 2026 WVVA. All rights reserved.
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