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Massey CEO Don Blankenship's team of corporate attorneys plea bargained an "unusual" probation sentence of 3 years from what the judge felt were criminal felony offenses committed during the 2006 fire at Aracoma's Number One mine which caused the deaths of miners Elvis Hatfield and Don Bragg. And even though his company was penalized $25 million, it apparently meant little more than a slap on the wrist since Blankenship personally pulled down at least $129.2 million in salary, bonuses, and perks between 1999 and 2008.
That sentence was handed down in 2009, so Massey's CEO is apparently still under probation. But U.S. Attorney Charles Miller's plea agreement severely limited Blankenship's probation to violations which could occur within the Aracoma Number One mine only, so any criminal negligence or malfeasance which may or may not have caused the deaths at Upper Big Branch apparently wouldn't count.
Lucky for Blankenship that Miller is a holdover from the controversial group of Bush appointees for U.S. District attorney positions across the country.
"There's something wrong with a regulatory system that doesn't quickly address repetitive violations, said Davitt McAteer, a former federal mine safety chief who investigated the Sago and Aracoma mine disasters.
"When you see a mine that continues to have large numbers of citations and penalties month after month, the curative effect has not taken hold, and that needs to be put in place somehow," McAteer said.
Taken in context, what Mr. McAteer strongly implies is that either the regulations aren't being enforced, or that the fines simply aren't stiff enough to persuade Massey to stop. Friends of mine who are in a position to know tell me that the problem is actually a combination of both, and that coal operators are tag-team gaming the system based on an industry-wide cost/ benefit analysis which sorely undervalues human life.
Supporting what my friends have told me is the report that there is currently a backlog of around 16,000 challenges to violations by a number of mine operators.
Like many other West Virginians, I privately prayed for the those who were trapped in the Upper Big Branch mine explosion, so naturally I was saddened and disappointed when God decided not to answer my prayers.
I make it a point to pray privately, in accordance with what Jesus taught in his Sermon on the Mount (Matthew 6:6), trying to do my level best to get heard. But I don't blame God or myself for those miners' deaths. And I'm not quite ready to forgive or forget.
Yet apparently someone else's private prayers were answered, as there has been a heretofore unrevealed miracle. It is supernatural that the media has "uncovered" all of Massey's mine safety violations, yet continues to bless Gov. Manchin by neglecting to nail down why his administration let Massey continue to do business as usual. Massey may well be the worst scofflaw in the history of the state. Unless I'm mistaken, it is responsible for far more tragic and unwarranted industrial fatalities in WV than any other business in this century.
My short remembrance posted below is dedicated to all the deep miners who have been, and continue to be, sold short by the State's lack of due diligence. It also goes far to reveal why yet another political leader cunningly attempts to invoke God's will over the fate of doomed miners.
This disaster was portrayed by both politicians and reporters as a act of divine will. West Virginia governor announced that miracles were needed. President Bush offered "God's blessings and America's prayers" for the trapped men. ...When asked what outsiders could do, the company head said "Pray." source
Last Monday was one of the saddest and most disturbing days in West Virginia history. The Upper Big Branch Mine explosion has thus far taken the lives of 25 brave and hard-working people, while 4 still remain missing. I recently have picked up the use of my Twitter account that I got last year but have yet to habitually use. The past week I have followed Ken Ward, a veteran Charleston Gazette journalist who has been covering the situation basically 24/7 since it happened.
Four eight-man teams are at a staging area within the mine, he said. Two teams will advance to check on the final refuge chamber, the only hope for survival for the four miners who are still unaccounted for.
Visibility inside the mine is limited to about 100 feet, because after Monday's massive explosion, there is probably dust in the air and the walls are charred black, making it harder to see. The refuge chamber is located in a cross cut, meaning that rescue teams would need to be almost on top of it before they can tell whether it has been deployed, an obvious indication that there are miners inside.
If there is no one inside the chamber, the mission immediately shifts to recovering the bodies of dead miners and taking them out of the mine.
The only hope of finding survivors will be in the final "rescue chamber" that has yet to be checked. The chambers are designed to be a safe haven after a situation like this occurs, where there is enough oxygen for a group of miners to survive for roughly 4 days. They have checked all but one chamber. We are still praying that there will be a miracle.
The hopes are growing dimmer and Governor Joe Manchin has begun to accept this realization.
Gov. Manchin: "Our journey is about to end"
This story is sad, and as a West Virginian I can vouch that the whole state feels a significant sadness in our hearts. The pain the families of the fallen miners must be unimaginable.
But the question remains is, where will we go from here? How can a disaster such as this be prevented? What will the families of the miners, and the miners who were not on duty do for work now? (because it has to be assumed that the Upper Big Branch Mine will be shut down indefinitely)
President Obama has called for a full investigation and is requesting a detailed report be on his desk by next week, but will he pursue the issue? We can only hope.
For a small town with limited resources like Montcoal, WV... where will they go from this? The mine ity of the residents. The coal mine life to many there.
The people of this community face the worst part of this situation. The hard working community has to face the heartbreak of losing so many wonderful people to such a horrific disaster, and now have to worry what they will do after this situation clears. The mine is finished indefinitely. Where will they go, what will they do for work?
To me the whole situation does a grave injustice to the hard-working families that inhabit the community, and the people who were unfairly affected by the disaster.
My heart goes out to the families affected, the miners lost, the miners who look to move on, and to the entire state of West Virginia. For the people of Montcoal, if you are reading this, the entire state of West Virginia loves you and care about you, and wishes the best. As a small state, there is a certain connection felt when tragedy strikes to unite. We are West Virginians, therefore we all care about you and your families. My prayers go out to all those affected by the disaster, and to the families. I pray that there is justice brought to the situation, and that the families of the miners and the miners themselves may eventually find peace.
Meteor Blades has a post on Unions and Mine Safety that is very timely on DailyKos. You can read it by clicking here.
A report from the March 28, 2007, hearing on Protecting the Health and Safety of America's Mine Workers released by the House Committee on Education and Labor contains the following statistics for the five-year period of 2002-2006:
Underground coal injuries: 19,282
In union mines: 5,362 (or 27.8% of total)
Underground coal fatalities: 109
In union mines: 22 (or 20.2%)
According to the United Mine Workers of America, in 2007-2009, there were 45 underground coal-mining fatalities. Six of these were in union mines. Thus, for the 15-year period, less than one-fifth of the fatalities occurred in union mines.
Disaster at Massey Energy's Big Branch Mine 30 Miles south of Charleston in Raleigh County. Six confirmed dead... twenty one missing. Details can be read here. This is really awful news. Keep the families and the missing in your prayers. They are in mine. (Quote from the AP story)
MONTCOAL, W.Va. – Six miners were killed and at least 21 unaccounted for Monday in an explosion at an underground coal mine, the state mining director said. Ron Wooten said the blast was reported around 3 p.m. at Massey Energy's Upper Big Branch mine in Raleigh County, about 30 miles south of Charleston. The company did not provide details on the extent of the damage. A Boone County ambulance dispatcher also said he has the same number of fatalities and missing miners. The mine is operated by Massey subsidiary Performance Coal Co.
Mr Rick has a recommended diary with lots more details on DailyKos... here.
UPDATE 1: This could rank among one of the worst mine disasters in West Virginia (and in U.S.) history, depending on how many are rescued (HOPEFULLY EVERY SINGLE ONE). The Sago coal mine explosion in WV on January 2, 2006, trapped 13 miners for almost two days, but only 1 of 13 survived. The Jim Walter Resources Mine Disaster in Alabama on September 23, 2001 killed 13 people. On November 20, 1968 there was an explosion at Consolidation Coal's Number Nine mine in Farmington, WV. 99 miners were underground at the time; 21 made it out, the other 78 didn't.
UPDATE 2 - From the Governor in an EMailed Press Release TONIGHT
April 5, 2010
STATEMENT FROM THE GOVERNOR ABOUT THE MINE EMERGENCY IN MONTCOAL, W.VA.
UPDATED 8:30 p.m.
Contact: Matt Turner, 304-558-3702
“This is devastating news and our hearts and prayers go out to the families of the miners who have died. We are offering everything we can to assist those families at this time.
“For those families who are still waiting for news on their missing loved ones, I want them to know that we are doing everything possible in cooperation with federal officials and the company to get our miners out as quickly and safely as possible.
“I just spoke with President Obama and he has promised to make every asset available to help us and we will be in contact as the rescue continues. “We are all working diligently together and I ask that everyone pray for the miners, their families and our rescue teams.”
- As expected, following his coming out ceremony, longtime closet Republican and Blankenship vacation buddy Spike Maynard has announced he will run against Rep. Nick Rahall.
"I didn't leave the Democratic Party - the Democratic Party left me," Maynard said.
Well, if by "left me" he means they were turned off by scandal to the point that a sitting chief justice suffered a landslide defeat in a primary and practically tied for last on the ballot, then, yeah, I guess the Democratic Party did leave him.
But what's a little corruption to West Virginia Republicans, who used the occasion to announce a bold new era of ethical bankruptcy for their party?
"I think he's been in the wrong party all of his life," Chairman Doug McKinney said. "We would welcome someone of his character and integrity in the Republican Party."
The usual media suspects sprang into action, touting Maynard's chances in objective, thoughtful "analysis" pieces that praised Brent Benjamin's campaign and railed against something called the "Democrat Party."
PETTUS, WVa - After blocking Massey Energy's operations on the Bee Tree Permit for nine days, Amber Nitchman, 19, and Eric Blevins, 28 descended from their respective trees. They had occupied the two oak trees-originally accompanied by a third tree sitter, David Aaron Smith, 23-to protest mountaintop removal and the blasting of Coal River Mountain. Upon descent, they were immediately arrested by West Virginia State Troopers. The sitters' decision to leave the trees was made in light of the recent drop in temperature.
After a week of Massey security harassing the sitters with deafening sirens and air horns, a call-in pressure campaign was launched by Climate Ground Zero, Mountain Justice and other anti-mountaintop removal groups. The receipt of hundreds of calls from around the country led to an emergency meeting with Climate Ground Zero volunteers, the Raleigh County prosecutor and Governor Manchin. The meeting resulted in the moratorium and a call for an investigation of the abuse. The tree sit represents Climate Ground Zero's most sustained intervention in mountaintop removal mining operations since its campaign of nonviolent direct action began last February. Volunteers know that the fight is far from over and expect work to commence on the Bee Tree site immediately. However, they see this tree sit as a victory. "It halted blasting for nine days. I think they've wildly succeeded with their goals," said Climate Ground Zero volunteer Mike Bowersox. In a final communication from her perch, Nitchman captured the group's resolve. "Its not over until the blasting is stopped," she said.
"Coal River Mountain was the last mountain around here that hasn't been touched and they could've been using it for windmills... But Massey wants to get that coal. It seems like they just don't care about the populace. Just the land and their checkbook."
- Richard Bradford
MARFORK, W.Va. - Protesters associated with Climate Ground Zero and Mountain Justice halted blasting on Coal River Mountain today with a three-person tree-sit. David Aaron Smith, 23, Amber Nitchman, 19 and Eric Blevins, 28 are on platforms approximately 60 feet up two tulip poplar trees and one oak tree. They are located next to where Massey Energy is blasting to build an access road to the Brushy Fork Impoundment on its Bee Tree Strip Mine. Their banners state: "Save Coal River Mtn.," "EPA Stop the Blasting" and "Windmills Not Toxic Spills."
"Massey Energy is a criminal corporation with over 4,500 documented violations of the Clean Water Act, yet the government has given them permission to blast next to a dam full of toxic coal waste that will kill 998 people if it fails." said Blevins. This action comes at the heels of a rigorously peer-reviewed study published in Science Magazine which states "Mining permits are being issued despite the preponderance of scientific evidence that impacts are pervasive and irreversible and that mitigation cannot compensate for the losses."
The sitters are calling for the EPA to put an end to mountaintop removal and encourage the land-holding companies to develop clean energy production. The lack of EPA enforcement in mountaintop removal encouraged Josh Graupera, 19, member of the support team, to take part in this action "I knew that until I took an active role in the struggle to end MTR, I was passively condoning the poisoning and displacement of countless communities and in the obliteration of one of the oldest and most diverse ecosystems on this continent." Graupera said. Nitchman added, "I act out of personal concern for the safety of water from toxic sludge, air from smog, and mountains from annihilation."
The Brushy Fork Impoundment is permitted to contain over nine billion gallons of the toxic coal waste, and currently contains 8.2 billion gallons. Brushy Fork's foundation is built on a honeycomb of abandoned underground mines. If the foundation were to collapse the slurry would blow out from all sides of the mountain. According to Marfork Coal Co.'s emergency warning plan regarding the impoundment, in case of a frontal dam breach, a 40 ft wall of sludge, 72 ft at its peak height, would engulf communities as far as 14 miles away.
"Brushy Fork sludge dam places the downstream communities in imminent danger. The threat of being inundated by a wall of toxic sludge is always present. Blasting next to this dam increases the risk as well as destroying the opportunity for renewable wind energy," said Coal River Mountain Watch's Vernon Haltom. According to the Coal River Wind Project, the wind energy produced by a turbine farm on Coal River Mountain could power 70,000 homes, provide more permanent jobs for local residents and annually bring over a million more dollars in tax breaks revenue to Raleigh County than coal currently does.
The sitters plan to remain in the trees as long as it takes to stop blasting on Coal River Mountain. Climate Ground Zero's action campaign, begun in February of last year, has kept up a sustained series of direct actions since that time continuing decades-long resistance to strip mining in Appalachia.
It's a new year, the holidays are over and the coal barons and their allies have launched a new offensive of misinformation.
Citizen activists and environmentalists achieved true momentum in 2009, and the coal companies see a threat to their goal of continuing to treat West Virginia like a third world country.
As part of their effort to regain ground in 2010, Massey Energy has started running a series of new attack ads on TV that flash Al Gore's image at you and demonize environmentalists as "tree-hugging extremists," though Kevin Grandia at Huffington Post made short work of their misleading claims that Massey is "fighting hard for Appalachian jobs:"
It is a strange world indeed when standing up for "what's right" means cutting employee wages, stuffing the CEO's coffers with more cash and dumping toxic pollution into freshwater streams.
Meanwhile, Massey CEO Don Blankenship has decided to quit whining on Twitter about how the Gazette won't turn its opinion page over to him and sent in a response to a critical letter by Tom Burger. He's probably a bit peeved about having to follow a set of rules this time, though.
Groups Put Massey on Notice for Over 12,000 Clean Water Violations Company Has Pattern of Illegal Pollution
January 11, 2010
Charleston, WV: A coalition of groups, including the Sierra Club, Ohio Valley Environmental Coalition, Coal River Mountain Watch, and the West Virginia Highlands Conservancy took action today to hold coal giant Massey Energy accountable for over 12,000 violations of the Clean Water Act and surface mining laws associated with their mining operations in West Virginia. Massey continues to illegally dump pollution into Appalachian waterways despite a massive $20 million fine already placed on the company for thousands of previous violations.
"Massey has operated outside the law for far too long. There is a history here, not only of Massey ignoring the law, but of state officials ignoring Massey's violations," said Judy Bonds of Coal River Mountain Watch. "Massey needs to be held accountable for these very real crimes against the people of Appalachia."
Massey has a long history of environmental and social irresponsibility-including one of the largest slurry spills ever to take place in the United States and a $1.5 million fine from the Mine Safety and Health Administration. In 2008 the company was fined $20 million for Clean Water Act violations, similar to those cited by the coalition, after the federal government documented over 4,600 cases of pollution being illegally dumped into local waters by Massey and its subsidiaries. Incredibly, Massey's violations have increased in frequency since its settlement with the federal government.
"Massey seems to think that poisoning water by consistently ignoring laws is an acceptable business practice. The West Virginia Department of Environmental Protection seems to agree, as they continue to allow these violations. We are forced to do the agencies job, to hold Massey accountable," said Diane Bady of the Ohio Valley Environmental Coalition.
"Massey has both a legal and moral obligation to protect streams and drinking water supplies in the communities where it operates," said Jim Sconyers of the Sierra Club's West Virginia Chapter. "Their permits are not just pieces of paper - they are solemn commitments to protect the waters and people of West Virginia. Unfortunately the company has shown time and again that it is unwilling to take its obligations seriously."
Massey and its subsidiaries operate dozens of mountaintop removal and other large-scale surface mines in Appalachia, using some of the most environmentally devastating types of mining, flattening the landscape and burying miles of streams. Close to 2,000 miles of streams have already been lost and new proposed mountaintop removal permits could destroy more than 60,000 acres of the remaining forest.
- Speaking at Massey's Christmas extravaganza Saturday, Don Blankenship got into the holiday spirit by referring to Senator Byrd as "naive" and said EPA stand for 'Equal Poverty for All."
-Steve Roberts of the West Virginia Chamber of Commerce can't understand why our senators think it's "beyond foolish" to hold health care reform hostage for the coal barons.
- Frances Beinecke, president of the Natural Resources Defense Council, gives an excellent rebuttal to Don Blankenship's latest load of B.S.
While it baffles me that flat-Earthers like Blankenship still exist, my response to the last few deniers is simple.
If you don't believe in the science, that's your problem. But the need for America to generate jobs and strengthen our national security is paramount, and clean energy is the fastest way to achieve that.
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