It's in relation to Alpha's spinoff of Contura and Alpha now claiming a $100 million funding gap in its bankruptcy plan.
Court documents obtained from U.S. Bankruptcy Court in Richmond show the West Virginia Department of Environmental Protection is claiming fraud.
It accuses high ranking Alpha officials, including CEO Kevin Crutchfield, of not disclosing all information related to its bankruptcy reorganization.
Alpha is now based in Kingsport.
Both Alpha and Contura, based in Bristol, Tennessee, issued statements denying the allegations.