In Schultz v. Consolidation Coal Company, 197 W. Va. 375, 475 S.E.2d 467 (1996), cert. denied, 519 U.S. 1091 (1997), the plaintiffs argued that a mining company was liable to them for damages to their surface structures because of changes in federal law. In that case the Court retraced the development of the law on that issue, and based upon the most recent federal case at that time, we found that the plaintiffs were not entitled to a reversal of the summary judgment that the lower court had granted the mining company.