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Climate Progress

Rep. Kline Condemns Massey Over ‘Preventable’ Mine Deaths, Even As He Opposes Mine Safety Legislation

Federal regulators and Alpha Natural Resources this week reached an “unprecedented” settlement regarding the tragic explosion that killed 29 miners at Massey Energy’s Upper Big Branch mine outside Beckley, West Virginia in 2010, and though the deal has hardly pleased victims’ families, members of Congress were quick to pile on Massey (which was sold to Alpha Natural Resources earlier this year).

Among those members was Rep. John Kline (R-MN), the chairman of the House workforce committee, who slammed Massey’s “reckless disregard for critical worker safety protections” and for making its workers “face greater danger in an inherently hazardous profession.” But while Kline has repeatedly rebuked Massey, he and his GOP colleagues have done little to address mine safety. Congress, in fact, hasn’t passed a mine safety law since 2006, despite numerous deadly accidents since, as the GOP claims such laws will inhibit job creation — despite evidence showing that increasing mining regulation does just the opposite.

Instead, he has heaped blame on the the agency charged with enforcing mining regulations, as he did in June, when the original Massey report was issued:

“As we have said time and again, the strongest laws on the books will not protect workers if those laws are not obeyed and enforced,” he said. “We will continue to follow this ongoing investigation closely and work to ensure mine safety laws are being followed by mine operators and aggressively enforced by federal officials.”

Kline is correct in stating that even the most stringent laws won’t prevent disasters if they aren’t enforced. What he ignores in blaming regulators, however, is that years of Republican policies made federal mine regulators virtually impotent in efforts to prevent such tragedies. It was a Bush-era policy that urged the Mine Safety and Health Administration to “point out safety violations and help mine operators comply with the rules,” The Hill notes, instead of issuing safety violations and citations. Even so, MSHA issued thousands of violations and citations at Upper Big Branch before the tragedy, to no avail.

Close relationships between politicians and coal officials often prevent regulators from being effective as well. President Bush, for instance, appointed a former Massey official to an MSHA review commission in 2002, despite the company’s already-deadly record. And Bush’s MSHA chief was a former coal exec whose company had amassed injury rates at double the national average. In coal states like Kentucky, officials on the state mine safety board are former coal executives from companies with shoddy safety histories.

Mine safety legislation, meanwhile, continues to go nowhere. The latest effort, a bill introduced in April 2010, was never taken up in the Senate, likely because it couldn’t break a Republican filibuster, and failed to pass the Republican-controlled House.

NEWS FLASH

BREAKING: Upper Big Branch Disaster Leads To $200 Million Settlement, Prosecutions Still Likely | Alpha Resources, the owner of disgraced coal mine company Massey Energy, will pay a $200 million settlement in fines, safety improvements, and victim restitution for the 29 miners who died in the Upper Big Branch disaster of April 2010. The deal between Alpha and U.S. Attorney Booth Goodwin lifts civil penalties and criminal liability for the mining company, but does not prohibit prosecutions of Massey officers and employees, including former Massey CEO Don Blankenship.

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.

Climate Progress

Protesters Continue To Block Mountaintop Removal At Coal River

Two climate activists perched in trees next to a strip mine atop Coal River Mountain in West Virginia have shut down operations for nearly two weeks now. Sunday marked the 12th day that protesters Becks Kolins and Catherine-Ann MacDougal have been camping in trees 80 feet above the ground on the Bee Tree permit, Alpha Natural Resources’ only active strip mining permit on Coal River Mountain. The tree sit is the longest one in West Virginia history, according to the RAMPS campaign, and “has successfully halted blasting on portions of the site, aside from a small blast last Friday afternoon.” Kolins and MacDougal are part of a nationwide movement of people willing to engage in civil disobedience to stop the immoral destruction of their future by the fossil fuel industry, the campaign — an affiliate of Peaceful Uprising — says:

The sitters expressed solidarity with Tim DeChristopher, a West Virginia native who was sentenced Tuesday to two years in federal prison for peacefully disrupting an illegitimate oil and gas auction and saving tens of thousands of acres of public land from oil and gas exploitation.Prior to his sentencing, DeChristopher expressed his strong support for the tree sitters. From the trees, Becks wrote, “Tim DeChristopher was sentenced to two years. Please support him and all those who suffer to bring justice to us all.”

“Until this past Wednesday, trucks were still hauling coal that had previously been extracted and stockpiled; now, even this work has ceased,” the campaign reports. Local resident Junior Walk was arrested for supporting the tree sitters along with Elias Schewel on the first day of the protest. Both were released on bail that evening.

Citizen activism may be the only protection the mountains have against the mountaintop removal mining, which is giving local communities cancer and birth defects. West Virginia’s politicians are working with Tea Party Republicans to overturn Environmental Protection Agency efforts to enforce Clean Water Act rules against the pollution caused by blowing up mountains.

On Aug. 20, several weeks of protest will begin in front of the White House to challenge President Obama to prevent the construction of the Keystone XL tar sands pipeline.

“We thank the multitude of people across the country that have expressed their unwavering support for the tree sitters,” the RAMPS campaign wrote in an email update on Saturday. “Please be assured that these words of encouragement are being passed on to the young people in the trees, and will be ever more necessary with each passing day they spend sitting and sweating in the muggy West Virginia heat.”

The RAMPS campaign, reporting on the tree sit on Twitter at @RAMPSWV, is seeking contributions and comments that oppose the renewal of the Bee Tree mining permit, acquired by Alpha when they took over Massey Energy.

Justice

West Virginia Judges Refuse To Dismiss Lawsuit Accusing Massey Energy Of Poisoning Water Supplies

A slurry pond in Brushy Fork, WV

A three-judge panel in Wheeling, West Virginia yesterday denied Massey Energy’s requests to dismiss a law suit alleging that the company contaminated multiple water supplies by dumping more than 1 billion gallons of toxic coal slurry into worked-out underground coal mines between 1978 and 1987. After a “contentious day-long hearing,” the judges denied requests to sanction the coal company for taking too long to produce evidence but allowed the trial to continue despite a detailed request for dismissal from the company.

More than 700 residents of four West Virginia towns allege that Massey and one of its subsidiaries dumped 1.4 billion gallons of slurry — the by-product of washing coal to make it “cleaner” — into the abandoned underground mines. The residents’ lead attorney, Van Bunch, claimed that Massey continued pumping the slurry underground even though the company knew it would leak into the water supply:

Bunch argues that when one underground void was full, Massey simply diverted the flow to another one until the slurry levels dropped – apparently migrating from one coal seam down into another.

They knew the slurry would escape because it did on several occasions,” Bunch said, claiming the company failed to properly seal the mine voids to prevent that migration.

It was, he argued, “calculated, long-term methodology” to dispose of Massey’s waste, dupe regulators about the extent of its operations and endanger neighboring communities solely to save money.

While Massey claims to have stopped injecting the slurry in 1987, the residents allege that the practice may have continued for as many as two decades after that. The plaintiffs also claim that, in addition to contaminated water supplies, constant exposure to toxic chemicals in the slurry is to blame for birth defects, developmental disabilities, and other illnesses. The common contaminants in coal slurry have been linked to multiple health problems — including birth defects, cancer, and respiratory illnesses.

Massey, which was sold to Alpha Natural Resources earlier this year, claims that the company neither misled regulators nor harmed nearby residents. The company, however, has a history of bemoaning Mining Health and Safety Administration (MSHA) regulations and covering up health and safety violations, actions that likely played a part in the deadly Upper Big Branch mine explosion in April 2010.

Massey could, however, still get out of the lawsuit. Judges are set to rule today whether it, as the parent company, can be held liable for the actions of its subsidiary. Massey claims Rawl Sales & Processing, was acting as an independent company. The trial is set to begin Aug. 1.

NEWS FLASH

Investigators: Massey Energy Falsified Safety Record At Upper Big Branch Mine | “Mine owner Massey Energy kept two sets of records that chronicled safety problems” at the Upper Big Branch mine, which exploded and killed dozens of miners in April 2010, NPR reports. “One internal set of production reports detailed those problems and how they delayed coal production. But the other records, which are reviewed by federal mine safety inspectors and required by federal law, failed to mention the same safety hazards. Some of the hazards that were not disclosed are identical to those believed to have contributed to the explosion.”

Climate Progress

Power Shift 2011: Tim DeChristopher On The Chamber’s Corporate Crimes

At the Power Shift protest in front of the U.S. Chamber of Commerce headquarters in Washington DC, climate activist Tim DeChristopher explained why he’s put his liberty on the line to fight the fossil fuel industry. In an exclusive interview with ThinkProgress, he discussed how extractive corporations like BP and Massey Energy — both powerful members of the Chamber — are destroying our nation and corrupting our politics, committing crimes and killing Americans without consequence:

No corporations have been prosecuted for killing 29 people in West Virginia in the Big Branch mining disaster last year. No corporations have been prosecuted for killing 11 people and destroying an entire ecosystem in the Gulf last year. Those are the big crimes that we need to be fighting.

Watch it:

In March, DeChristopher was found guilty for disrupting a Bush administration oil lease auction, in a trial even the judge admitted was flawed. As bidder 70, DeChristopher competed with oil companies for the tracts of pristine Utah wilderness, winning $1.7 million worth of bids in an auction held during the waning days of the Bush-Cheney administration. The auction, which included land within site of Arches National Park, was found later to have been in violation of federal law and withdrawn by the Obama administration. DeChristopher was not allowed to explain that — or his concerns about the destruction of our planet’s atmosphere from fossil fuel pollution — at his trial.

DeChristopher’s sentencing hearing is set for June 23.

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.

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