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Climate Progress

Security Chief Convicted For Massey Coal’s ‘Industrial Homicide’

Former Massey Energy CEO Don Blankenship

A Massey Energy security official has been convicted by a jury for his role in covering up the coal company’s culpability for the Upper Big Branch Mine explosion that killed 29 miners in April 2010. Former mine security director Hughie Elbert Stover was found guilty on Wednesday for lying to investigators and “seeking to destroy thousands of security-related documents,” and faces up to 25 years in prison. Stover called his attempt to destroy the documents the “stupidest, worst mistake” in his life. Stover is the second person who has been charged in the investigation so far.

On Tuesday, the United Mine Workers union charged that Massey Energy and its CEO Don Blankenship have committed “industrial homicide.” In a 154-page report, UMW President Cecil Roberts asks, “Why didn’t Don Blankenship shut this mine down?” The report details how a “rogue corporation, acting without real regard for mine safety and health law and regulations” “established a physical working environment that can only be described as a bomb waiting to go off”:

Massey Energy must be held accountable for the death of each of the 29 miners. Theirs is not a guilt of omission but rather, based on the facts publicly available, the Union believes that Massey Energy and its management were on notice of and recklessly tolerated mining conditions that were so egregious that the resulting disaster constituted a massive slaughter in the nature of an industrial homicide.

“We’ve got a security guard who has been indicted, but Don Blankenship can’t figure out how to spend all of his money,” UMW President Cecil Roberts said.

“The investigation continues, so it’s premature to say we haven’t brought justice or we haven’t gone after the real villains,” U.S. Attorney Booth Goodwin told reporters after Stover’s conviction.

Alyssa

Review: ‘The Last Mountain’

There are at least three potentially good movies in The Last Mountain, Bill Haney’s documentary about environmentalists’ fight against mountaintop removal mining in West Virginia: the story of how Don Blankenship became a twenty-first century Gilded Age baron, and how coal companies built a business model that included paying fines rather than avoiding violations; a look at what it means for people in Appalachia to demand accountability from the West Virginia government; and a history of the Kennedys and the environmental movement. But The Last Mountain is just one movie, and while it does a valuable service in laying out some of the environmental impacts of the coal industry and spotlighting the work of Appalachian activists, it never quite knits those stories together, leaving them competing with each other for time.

It’s incredibly striking to see what the mountaintop removal process actually looks like. “If you blew up one mountain in the Berkshires, you wouldn’t be put in jail,” Robert F. Kennedy, Jr., who stars in the movie along with local activists, told me. “You’d be put in an asylum for the criminally insane.” After seeing the explosions and the scale of the projects, it’s hard not to agree with him. It’s a reminder of how isolated the Appalachians are that tearing down mountains and rebuilding them can be a regular business procedure rather than a major news story or public spectacle, and the explanation of the actual mining process is one of the most effective parts of the movie.
Read more

Climate Progress

(Astro)Turf Wars: New Documentary Explores Corporate Influence Over Tea Parties

Since the beginning of 2008, ThinkProgress and the Wonk Room have been closely tracking the hidden influence of the corporate right over national politics, including pollution billionaires David and Charles Koch, mountaintop removal kingpin Don Blankenship, and big oil’s vast front group networks. These polluter magnates have worked with Republican operatives to shape the Tea Party movement that has redefined American politics.

Now, a new documentary fully exposes how front groups like the Kochs’ Americans for Prosperity, Energy Citizens, and Blankenship’s Friends of America have taken populist discontent during a Democratic presidency and redirected it to their radical right-wing corporate agenda of global warming pollution, regressive taxation, and health-care profiteering. In (Astro)Turf Wars, Australian filmmaker Taki Oldham journeys from Philadelphia to West Virginia, interviewing angry grassroots conservatives and the corporate public relations experts who are manipulating them. Going undercover at several Tea Party rallies, Oldham has exclusive coverage of how corporate profiteers are attempting to bring the United States government back under their thumb.

Watch the trailer:

The complete documentary can be seen online for $1.99 at astroturfwars.com.

(HT Kevin Grandia)

Climate Progress

Jay Rockefeller Rebukes Coal-Powered Climate Deniers: ‘Burying One’s Head In The Sand Is Not A Solution’

Jay RockefellerSen. Jay Rockefeller (D-WV), now the senior senator from the Appalachian state after Sen. Robert Byrd’s death this year, rebuked his state’s climate deniers at a forum about the future of coal on Wednesday. West Virginia’s politics are dominated by coal interests, including the mountaintop removal giant Massey Energy run by right-wing climate denier Don Blankenship. Many of the state’s top politicians are in denial about the costs of coal pollution, even as mountains are destroyed, children poisoned, and towns washed away. Rockefeller told coal supporters should stop “pretending climate change doesn’t exist“:

People think they are protecting coal by pretending climate change doesn’t exist or that (by saying) carbon capture and storage is not needed. But burying one’s head in the sand is not a solution and can only backfire. Denying the problem of climate change may feel good in the short term, but in the long term, it only locks in an existing infrastructure for other fuels like natural gas and will cost coal miners’ jobs.

Rockefeller “said such thinking will put the state behind the rest of the world in embracing new energy technology, and could lead to coal losing out to natural gas as the major energy supplier of the future,” WVNS TV’s Walt Williams reported. Rockefeller said “it is a natural instinct for people to ignore a problem hoping it would go away, but it won’t in this case.”

Responding to the propaganda campaigns by Massey Energy, the West Virginia Coal Association, FreedomWorks, Americans for Prosperity, American Solutions for Winning the Future, and other coal-powered front groups, Rockefeller said he’s not on the “bandwagon” that “climate change is a myth”:

I’m concerned that powerful voices in West Virginia continue to argue that climate change is a myth. I’m not on the same bandwagon that some of you are. I am really concerned that these voices are so loud, dominant (and) shaping public opinion.

“The question is not should we try to address climate change,” he said. “The question is what tools should we develop to tackle it,” supporting the Obama administration’s efforts to jumpstart American carbon capture and sequestration (CCS) technology.

Unfortunately, Rockefeller is still attempting to delay action on global warming pollution, with his proposal to suspend Environmental Protection Agency rules and his support for Lisa Murkowski’s (R-AK) amendment to deny that greenhouse gases are a pollutant. Ironically, as the Charleston Gazette’s Ken Ward Jr. notes, establishing limits on coal pollution are critical for creating a domestic market for CCS technology, allowing the United States to compete with the current market leaders in Europe and Asia.

Before his death, Byrd demanded that the coal industry get real about the costs of mountaintop removal, telling it to end the “fear mongering, grandstanding and outrage.” Opposing the Murkowski amendment, Byrd said that to “deny the mounting science of climate change is to stick our heads in the sand,” and “the regulation of greenhouse gasses is approaching, whether done by Congress or by regulation, despite naysayers who rail about the non-existence of climate change.”

One hopes that Rockefeller will continue to honor the legacy of Sen. Byrd by standing up for the real interests of West Virginians, instead of the short-term interests of its handful of coal millionaires.

Climate Progress

Don Blankenship: The Science Of Climate Change Is ‘Humorous,’ Mountaintop Removal ‘Small Afterdamage’

Coal baron Don Blankenship, the CEO of Massey Energy, perhaps perturbed by the recent opprobrium received by BP CEO Tony Hayward, wants to remind us that he is still the most evil man in America. The explosion of the Blankenship’s Upper Big Branch mine after deliberate safety violations killed 29 miners in the worst coal disaster in 40 years, but the news was overshadowed by BP’s Deepwater Horizon explosion weeks later. Massey Energy is the leading practitioner of mountaintop removal mining, which has led to ecological catastrophe in four Appalachian states, but BP’s blowout hit four states and the Gulf of Mexico.

In an interview with the New York Times, Blankenship argued that climate scientists are clinically insane, blowing up mountains doesn’t harm the environment, renewable energy and over-regulation caused the Bush recession, and critics of his social Darwinism are really just socialists. Up is down in Blankenship’s world: destroying mountains for their coal helps the environment while environmentalists harm the environment.

Blankenship’s words of wisdom on mountaintop removal:

“When the job is finished and reclaimed and revegetated, I think it would be hard to argue any meaningful or extensive damage to the environment.”

“Surface mining provides the funding to make improvements in people’s lives. And that is more important than the small afterdamage of the environment, if you can say that is even damage.”

Blankenship’s words of wisdom on global warming:

Anyone who says they can tell you the temperature of the earth in a hundred years, you should put a straitjacket on them. They don’t have any idea. It’s almost humorous that a country that can’t predict its budget deficit in a year could predict the temperature in a hundred years. The problem with the world’s climate is that it’s impacted by a lot of things. We all know that.

Watch it:

Blankenship’s philosophy of life — the power of denial:

It’s good to be villainized by people who don’t understand and that are wrong. United Mine Workers was a long time the most violent union in America, they committed violence against us, and we beat them, we wouldn’t expect them to like us. Some people believe in CO2 so strongly it trumps every other thought that they’ve got, so we wouldn’t expect them to favor coal mining. Some people believe that the country should be socialized so they are opposed to free enterprise. I mean, you have to have your own beliefs, your own core beliefs, your own strengths and do what you think is right. You can’t do what others believe is right, you have to do what you believe is right.

Watch it:

“There has to be pragmatism in what we do,” Blankenship argues, where “pragmatism” means denying the reality of anything that prevents him from destroying the planet and others’ lives for cash.

Politics

Blankenship’s Dirty Coal Money Pollutes West Virginia Congressional Races

Don Blankenship is notorious in West Virginia, and he’s gained increased recognition nationally following the deadly explosion at his company’s Upper Big Branch Mine in Montcoal, WV, the worst U.S. coal disaster in 40 years. As the chairman and CEO of Massey Energy, Blankenship is an anti-regulatory, science-denying, unrepentant right-wing capitalist coal baron. Just as significantly, he wields tremendous political power in West Virginia and even bought a state Supreme Court seat in 2004. As Ian Millhiser explained last year:

When West Virginia coal overlord Don Blankenship’s company lost a $50 million verdict to one of its competitors, Blankenship set out to buy a judge. Rather than appeal his case to a fair tribunal, Blankenship spent $3 million to elect a friendly lawyer to the West Virginia Supreme Court, even running ads accusing the lawyer’s opponent of voting to free an incarcerated child rapist, and of allowing that rapist to work in a public school. Once elected by a Blankenship-funded campaign, the newly-minted justice cast the deciding vote overturning the verdict against Blankenship’s company.

In 2009, the U.S. Supreme Court made clear that justice is not for sale, ruling that Blankenship’s judge, Brent Benjamin, should have recused himself because the conflict of interest was so “extreme.” (Justices Roberts, Alito, Scalia, and Thomas dissented.)

Blankenship is now trying to extend his control of the federal government by getting involved in West Virginia’s congressional elections, via Republican candidates Spike Maynard and David McKinley. As the AP reported on Sunday:

Blankenship contributed $4,800 to Elliott “Spike” Maynard, the Democrat-turned-Republican running in the 3rd U.S. House District, during the three-month reporting period that ended June 30. David McKinley, the GOP’s 1st District nominee, received $2,400 from Blankenship. [...]

Upper Big Branch, located in the 3rd District, is likely to play a role in the Rahall-Maynard contest. Around $21,000 of Maynard’s money during the quarter came from Massey employees, Blankenship’s family and former political operatives including [Greg] Thomas. All told, around one-third of Maynard’s individual contributions came from the energy sector. That amount includes $15,200 from 19 executives or employees of International Coal Group.

Maynard’s relationship with Blankenship is especially tight. In 2006, when Maynard was chief justice of the West Virginia Supreme Court of Appeals and Massey Energy had millions of dollars of cases pending before the court, Maynard and Blankenship went on an expensive vacation in the French Riviera together. A fellow justice said he was “outraged” by Maynard’s impropriety. Later that year, Maynard voted with the majority in favor of Massey. Watch an ABC News report on their relationship here. (When ABC tried to talk to Blankenship for the story, he said, “If you’re going to start taking pictures of me, you’re liable to get shot,” and tried to tear off the camera’s viewfinder.)

McKinley has hired Greg Thomas to assist his campaign. Previously, Thomas “helped oversee that 2004 spending and other Blankenship-funded political campaigns” and has been described as the former “chief political consultant” for Blankenship. In the past, Thomas aided Maynard’s Supreme Court re-election bid.

Climate Progress

Massey Miners Disabled Methane Monitors Before Killer Explosion

pray for our minersDirected by supervisors, miners at Massey Energy’s Upper Big Branch Mine commonly disabled monitors that could detect methane gas before the explosion that killed 29 in April. An investigation by NPR has “documented an incident in February 2010 in which an Upper Big Branch electrician was ordered to circumvent the automatic shutoff mechanism on a methane detector installed on a continuous mining machine.” Ricky Lee Campbell, a 24-year-old coal shuttle driver and roof bolter who witnessed the incident, told NPR they circumvented the safety device so that they could “continue to run coal”:

Everybody was getting mad because the continuous miner kept shutting off because there was methane. So, they shut the section down and the electrician got into the methane detector box and rewired it so we could continue to run coal.

There were dozens of such incidents, NPR reports. Maintenance foreman Clay Mullins told NPR he “believed miners could run mining machines temporarily with disabled monitors because that’s what the mine’s foreman and superintendent told him.”

Don Blankenship, the CEO of Massey Energy, was caught with a 2006 memo that told workers faced with safety rules, “you need to ignore them and run coal” because “coal pays the bills.”

Gov. Joe Manchin’s (D-WV) special investigator has found that the April 5 explosion “was so large and powerful that it ripped through more than 2 1/2 miles of underground tunnels ‘in an instant.’” No charges have yet been brought against Massey Energy or its management for the fatal incident.

Meanwhile, four activists — 22-year-old Kathryn Huszcza, 22-year-old Colin Flood, 20-year-old Sophie Kern and 22-year-old James Tobias — “are in jail following a protest in which two chained themselves to a highwall miner at a Massey Energy surface mine in Raleigh County.” Massey Energy is the largest mountaintop removal company in the United States.

Climate Progress

Investors Call For Resignation Of Massey ‘Safety’ Directors

An investment group with ties to labor pension funds called for the resignation of Massey Energy directors who are “ultimately responsible for Massey’s alarming safety compliance record.” The Change to Win Investment Group “presented today an in-depth analysis to shareholders of Massey Energy Company, making the case to vote against the three directors up for election at the mining company’s May 18 annual meeting, the first meeting of shareholders since the tragic April 5 explosion at Massey’s Upper Big Branch mine in West Virginia, in which 29 miners lost their lives.” In a letter to investors, CtW called for the removal of directors responsible for the “preventable mine explosion” that “killed 29 miners and destroyed $1.1 billion in shareholder value“:

We urge you to vote “Withhold” on directors Richard M. Gabrys, Dan R. Moore and Baxter F. Phillips, Jr. at the Massey Energy Company annual meeting on May 18. As members of the Safety, Environmental and Public Policy Committee (SEPPC), these directors are ultimately responsible for serious and systematic non-compliance with mine safety laws over an extended period, a risk oversight failure that likely led to the catastrophic and preventable mine explosion on April 5 that killed 29 miners and destroyed $1.1 billion in shareholder value.

The investment group “believes Massey Chair and CEO Donald Blankenship’s ‘production first’ emphasis fostered a management culture that tolerated unacceptable safety and compliance failures.” By supporting Blankenship’s drive for profits over rules, the members of the Safety, Environmental and Public Policy Committee hold ultimate responsibility for the deaths of Massey’s miners.


Don Blankenship’s ‘Safety’ Overseers

Richard Gabrys

On Massey’s board since 2007, Gabrys is “the retired vice chairman of Deloitte.” He also serves on the board of the Michigan-based companies La-Z-Boy Inc., coal-dependent utility CMS Energy, and engineering firm TriMas Corporation. Gabrys has given $6000 to Republicans, including $1000 to George W. Bush, and $500 to Rep. John Dingell (D-MI).

Dan R. Moore

On Massey’s board since 2002, Moore is “the Chairman of Moore Group, Inc., which owns multiple automobile dealerships in West Virginia and Kentucky.” He previously ran West Virginia’s Matewan Bank. Moore also serves on the board of the West Virginia University Foundation, the Branch Bank and Trust Company, and the West Virginia Housing Fund. Moore has contributed $8100 to Republicans since 2000.

Baxter F. Phillips

Massey’s president since 2008 and a top executive since 2000, Phillips joined Massey in 1981. Phillips has contributed $8900 to Republicans and $5950 to the Massey PAC.

On April 19, Massey director Lady Barbara Thomas Judge resigned amid shareholder unrest.

“During times like these, a change in senior management is not appropriate or in the best interest of our members and shareholders,” said Admiral Bobby R. Inman, Massey Energy’s lead independent director on April 22. “Therefore, we want to emphasize that Don Blankenship has the full support and confidence of the Massey Energy Board of Directors.”

Politics

Coal disaster company Massey Energy denied time off for miners to attend their friends’ funerals.

Praying 4 our minersCoal baron Don Blankenship’s Massey Energy has prevented miners from attending funerals of the 29 victims of the killer explosion at Massey’s Upper Big Branch mine in Montcoal, WV. Massey has taken steps to keep up the mining in the grief-stricken community. The “threat of job loss” from Massey’s non-union mines, “be it spoken or simply understood — has created a culture of fear in some corners of Southern West Virginia, where coal is the only real industry, and Massey is king of the hill”:

Massey Energy, the Virginia-based coal giant that runs the Upper Big Branch Mine, has denied time off for miners to attend their friends’ funerals; has rejected makeshift memorials outside the mine site; and, in at least one case, required a worker to go on shift even though the fate of a relative — one of the victims of the April 5 disaster — remained unknown at the time, according to some family members and other sources familiar with those episodes. In short, the company might be taking heat for putting profits and efficiency above its workers, but it doesn’t appear to have changed its tune in the wake of the worst mining tragedy in 40 years.

“They told my husband, ‘You’ve got a job to do and you’re gonna do it,’” the wife of one Massey miner told the Washington Independent’s Mike Lillis, referring to the funerals he’s missed this month for friends who died in the blast. “What else are we gonna do?”

Update

Massey’s board has hired a politically influential Texas public relations firm to manage the increasing criticism for putting coal profits above principles.


Update

,Massey spokesman Troy Andes tells the Washington Independent: “We know of no instances when miners were denied a request to attend a funeral.”


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Economy

New Labor Enforcement Data Site Shines A Light On Worker Safety

Our guest blogger is Karla Walter, a Senior Policy Analyst with the American Worker Project at American Progress.

Pray for Our MinersIn the wake of the tragedy at Massey Energy’s Upper Big Branch mine that killed 29 miners, the national media finally uncovered Massey CEO Don Blankenship’s long record of safety violations, environmental damages, and unfair labor practices. Massey’s dismal record suggests that the tragedy wasn’t a freak event or an act of God, but the result of a reckless employer that too often put profits before people.

The Department of Labor unveiled a new public enforcement database last week, the Department of Labor Enforcement Data Site, that increases accountability for companies that violate workplace laws, including mine safety laws. This resource — created in response to the President Obama’s Open Government Initiativeshines a light on practices that are unacceptable and gives the public a chance to get them changed. The site, now in beta form:

– Discloses company-specific data on minimum wage and child labor law violations for the first time without a freedom of information request,

– Unifies data on violations of workplace safety and health, diversity, and employee benefits plan reporting laws, and

– Allows the public, advocacy groups, and particularly workers to track enforcement results, exerting pressure on specific scofflaw employers and the federal enforcement agencies

Labor Secretary Hilda Solis has dubbed herself “a new sheriff in town,” and one year into her administration has made effective and innovative enforcement of worker protection laws a top priority. The site is another signal that Solis is serious about protecting America’s workers. While some of the data—including the mine safety data—are available in other locations, by unifying it in one location her department is increasing the public’s ease of access. As Massey’s unsafe mines sadly reveal, if there’s one workplace violation at a firm, there may be other kinds of violations at that site.

The Center for American Progress Action Fund’s American Worker Project has long advocated for a centralized, public website containing workplace enforcement data from all Labor enforcement agencies. The department needs to implement its intended improvements to make the site fully functional, because enforcement of worker protection laws cannot be strengthened fast enough for the safety and well-being of all working Americans. Public oversight and access to enforcement data will be a critical part of increasing accountability and improving oversight in the future.

Update

Politico reports that Glenn Spencer, executive director of the US Chamber of Commerce’s Workforce Freedom Initiative, calls the new site “a trial lawyer’s dream.”

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