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Reports

Massey Disaster Not Just Tragic, but Criminal

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Posted on Apr 13, 2010

By Amy Goodman

Massey Energy runs the Upper Big Branch (UBB) mine in Montcoal, W.Va., where 29 miners were killed last week. The loss of life is tragic, but the UBB explosion is more than tragic; it is criminal. When corporations are guilty of crimes, however, they don’t go to prison, they don’t forfeit their freedom—they just get fined, which often amounts to a slap on the wrist, the cost of doing business. No one makes this clearer than the CEO of Massey Energy, Don Blankenship. He has been the bane of climate-change activists and mine safety advocates for years. This latest mine disaster, if nothing else, will surely bring needed attention to this poster boy for malevolent big business trampling on communities, the environment and workers’ rights.

Days after the Massey explosion, Blankenship admitted in a radio interview: “Violations are, you know, unfortunately, a normal part of the mining process ... there are violations at every coal mine in America. And UBB was a mine that had violations.” The Charleston (W.Va.) Gazette has consistently reported critically on Massey Energy and Blankenship, prompting him to attack its editors in a November 2008 speech, saying: “It is as great a pleasure to me to be criticized by the communists and the atheists of the Gazette ... would we be upset if Osama bin Laden were to be critical of us? I don’t think so.”

Initial speculation on the cause of the explosion is methane in the mine. The Massey UBB mine has received thousands of citations for violations, including many for failing to remove the methane with ventilation. Another cause may be the mine’s proximity to Massey mountaintop removal operations. Mountaintop removal involves the massive blasting away of mountaintops, providing access to seams of coal, but causing widespread destruction of the environment. The Wall Street Journal reported Monday that a West Virginia state investigation into the explosion will include possible impact of nearby mountaintop mining operations. Environmental Protection Agency Administrator Lisa Jackson issued new rules restricting mountaintop removal on April 1, just days before the Massey explosion. Massey is the principal target of a growing grass-roots campaign against mountaintop removal. Among those arrested at protests have been renowned climate scientist James Hansen, director of the NASA Goddard Institute for Space Studies, and actress Daryl Hannah.

Sixteen miners died in Massey mines between the years 2000 and 2007. Elvis Hatfield, 46, and Don Bragg, 33, were killed in January 2006 in the Aracoma mine fire. Their widows sued Massey Energy and Blankenship. At the trial, their lawyers presented a memo written by Blankenship months before the fatal fire, instructing his deep-mine superintendents to focus on extracting coal over safety projects: “If any of you have been asked by your group presidents, your supervisors, engineers or anyone else to do anything other than run coal (i.e. build overcasts, do construction jobs, or whatever), you need to ignore them and run coal. This memo is necessary only because we seem not to understand that the coal pays the bills.”

Coal pays the bills. And pays Blankenship’s salary, which, estimated by The Associated Press at $19.7 million, is the highest in the coal industry. Blankenship, who is a board member of the U.S. Chamber of Commerce, is a fierce opponent of organized labor, a relentless denier of climate change and a staunch opponent of regulation. He said of government regulators, last Labor Day at an anti-union rally, “The very idea that they care more about coal-miner safety than we do is as silly as global warming.”

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Blankenship poured $3 million into the election campaign of a candidate for the West Virginia Supreme Court, in order to replace a sitting judge who he feared would rule against Massey in an appeal against a $50 million judgment. The candidate he backed, Brent Benjamin, won the seat and voted to overturn the judgment. (The U.S. Supreme Court overturned that decision, citing Blankenship’s funding of the election, and the case served as the basis of John Grisham’s 2008 legal thriller, “The Appeal.”)

Pension funds and other large institutional investors are demanding that Massey fire Blankenship. The last of the 29 bodies of the miners killed in the Massey mine have been recovered. Their deaths should not be counted by Don Blankenship as the cost of doing business, but, rather, should top his criminal indictment.

Denis Moynihan contributed research to this column.  

Amy Goodman is the host of “Democracy Now!,” a daily international TV/radio news hour airing on more than 800 stations in North America. She is the author of “Breaking the Sound Barrier,” recently released in paperback and now a New York Times best-seller.

© 2010 Amy Goodman

Distributed by King Features Syndicate


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LostHills's avatar

By LostHills, April 28, 2010 at 5:25 pm Link to this comment

Blankenship is certainly a murderer. And MSHA is also culpable for not shutting
down his mines.

Report this

By BrucesPoint, April 26, 2010 at 9:26 am Link to this comment

Ah, the ForeMan Speaks…

Report this

By WV Miner, April 26, 2010 at 6:30 am Link to this comment
(Unregistered commenter)

Outrageous. The uniformed speculators have littered this comment section with complete rubbish! While Mr. Blankenship has a bad public image, he has very little input as to the daily operations of his mines. He runs the corporation and does not engineer ventilation flow in any of his mines. As with anyone in the industry from the roof bolter to the CEO of the company, safety is the utmost priority. To implicate Blankenship as a murderer or to have any part in the cause of the explosion is ridiculous. No, I am not a big supporter of Don, but the implications here are just foolish.
I am a supporter of the men in the mines. I will tell you that the men at UBB, as with all miners, were very safety conscience. I will also tell you from firsthand knowledge that two weeks prior to the explosion that mine was ventilated very well to the point where you could feel a decent breeze 2 miles underground at the longwall face. The men were very conscience of ventilation procedure and adjusted curtains frequently as the mine developed.  I ASSURE YOU 100% THAT THOSE MEN WOULD NOT HAVE BEEN THERE IF THEY THOUGHT ANYTHING WAS UNSAFE THAT DAY. IF the men underground didn’t know of the unsafe conditions that led to the explosion and the MSHA inspectors who visit regularly didn’t know, what makes you think Don knew?
So instead of spewing inaccurate speculation all over the internet about something you have no knowledge of, step back for a minute and think about the miners and their families. The guys at UBB were a proud bunch of men and absolutely loved what they did. As I said, the men had no clue as to the conditions leading up to the explosion. No one did.
Finger pointing and ignorant gossiping is in poor taste. Please have a little more respect for the men that lost their lives on April 5th at UBB. God bless them all.

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By Debbie Fisk, April 24, 2010 at 6:54 am Link to this comment
(Unregistered commenter)

Massey Energy and Don Blakenship are bullies and have now crossed the
line to becoming serial killers.  We want to provide legal help to the
families of the 29 murdered coal miners.  People you need to stand up, or
the big coal companies continue this type of treatment to the employees. 
My husband worked for a big coal company, was injured at their fault,
and now we are fighting back.

Report this

By Falk burger, April 20, 2010 at 8:00 pm Link to this comment
(Unregistered commenter)

If money is speech, all political contributions must be anonymous. The money
must be allowed to speak for itself.

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By tedmurphy41, April 18, 2010 at 4:16 am Link to this comment

I would create a law by which it would be possible to take this mine into public ownership, with no compensation, and state that this will happen when continuous breaches of the health and safety laws are so blatently ignored.
Another suggestion would be for such companies to forfeit an agreed amount of equity to local or national government, thereby giving a place on the board to a public official who will make certain that the law is always observed in any future operations carried out by this company.

Report this
LostHills's avatar

By LostHills, April 16, 2010 at 7:41 am Link to this comment

45 men died in Massey mines since 2000. Blankenship belongs behind bars, pure
and simple. It would be nice to be able to blame “Bush and the Republicans,” but
the Democrats are just as culpable. This disaster occurred under their watch.
Massey has been allowed to appeal violations instead of correcting them,
receiving one the day before the explosion and ignoring it. The mine should have
been shut down if MSHA were doing their job. Blaming “Bush” doesn’t cut it
anymore. We were promised “change we could believe in” and we have to demand
a change. Now. All Massey mines should be shut down immediately until they are
able to demonstrate that they are in compliance with all safety regulations, and
Blankenship should be indicted for manslaughter. Nothing less is acceptable.

Report this

By A Miner Tossed Away, April 16, 2010 at 6:38 am Link to this comment
(Unregistered commenter)

I Worked in the Mining industry, And Truly Enjoyed Honest Hard Work,
Sleeping well Knowing you Earned Your Keep. I was Driven Out, by an
injury that Happened, While the parts where IN the warehouse, ready to
Use, that would have Prevented My Injury. I was Left, denied work
comp, by a “Self Insured” Mining Corp, till they Got Their Bond Money
Back from the state, and My State Disability Ran OUT. They kept me
swinging, without being able to get into Pain Management, for Three
and a Half Years, while cutting my disability payment Off Regularly, to
see how “serious” I Really was, till I was Able to get into Pain
Management, after settling for Half a year wages, after years, and
“Future Medical” They then Promptly took Half of That Back Straight out
of my account, without notification. My “Lawyer”, said No Recourse,
Also, No Attempt to get Malfeasance, for the actions of the Corp, in
causing&exasperbateting; the Injury, which was Easily Provable, Too
much Bother, for too little money for him.
  They restricted my Medical treatment, by denial regularly, then
stopped paying all together, and though I Have the “Judgement”, No
Lawyer will touch it, because, there isn’t enough Money in it for them,
and I’m a Crip with NO Income, tossed on Capital’s Trash Heap. Never
thought much of Union’s, but the work practices that Injured Me, went
on to injure Others, and probably will NEVER stop, till reined in, Union
Save’s Lives!
Beyond giving the “Working Man” someone to go to Bat for Them. And
just because you might still be alive,but injured, believe me, Life Loses
something when you hurt all the time, and Cannot support Yourself,
Much less a Family.
By the Way, trying to track down my Lawyer, I Found that HE had
“hurt” his back lifting law books at work, He got a WorkComp Award,
(No Doubt a bit sweeter than Mine), and retired, flushing ALL of his
case records down the Recycle chute, and “WorkComp”, does not hang
on to ANY records past a certain date, And they No longer could help.
Nice setup, toss&forget;.
Probably Relaxing with one of the many Work Comp “Judges”, who
retire from the stress of dealing with it, Having Never even Seen or
Spoken to the People they are Judging, and NO that is Not the people
who injured the workers. Look Out for Your Own Folks, cause to the
Corps, Your Just Another Consumable. Your state may vary, Mine was
Golden California, but the Laws were all set into place in the days of
the Robber Barons, and Probably are Not any different in actual effect.
The Mining Industry Own’s MSHA, and the Major Majority of BOTH
Parties, which have been partying on the Extractive Industry’s dime
since there Were Laws to pester them.
BrucesPoint

Report this

By B. Carfree, April 15, 2010 at 4:59 pm Link to this comment

Since we have pretty much made corporations super-citizens, it is time they started to have some of the same consequences as citizens. When they kill, they should “do time”. Criminal corporations should have all of their assets frozen for the duration of whatever sentence they receive. Also, the board of directors members of criminal corporations should be banned for life from any corporate boards, including nonprofits.

Report this

By ofersince72, April 14, 2010 at 8:49 pm Link to this comment

One more reason to vote GREEN and abandon the
Democrat party.  Check the Cabinet appointments of both
Clinton and Obama.

Report this

By prosefights, April 14, 2010 at 3:57 pm Link to this comment

Coal may have about more than twice the 3413 BTU in to produce 1 kWh of electricity.

Solar and wind generation of electricity may lack the BTUs in to produce advertised kWh out.

Most of the other questions in this list can be tied up into this one question: does the invention defy the Laws of Thermodynamics? If the answer is yes, then something is wrong.

What are the Laws of Thermodynamics?

Google ‘from the wilderness’

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godistwaddle's avatar

By godistwaddle, April 14, 2010 at 11:44 am Link to this comment

Until Bush and his henchmen, and the Wall Streeters, AND Don Blankenship hang at Nuremberg, we average Americans have little reason to obey laws we find inconvenient, eh?

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By gerard, April 14, 2010 at 9:32 am Link to this comment

From experience and observation in and around the coal mines, I can say that one thing everybody can do is write a letter, email, or phone the governors of West Virginia and Pennsylvania.  Tell them what you think and how you feel about coal mining and what you think could be done.  You, too, can be a whistle-blower. 
  Or support one of the community groups in that area who are supporting miners or working toward using that territory for green energy sources. Or write United Mine Workers.
  Until there is more protest and more work done to help people living and suffering in that part of the country, nothing will change.
  If we do nothing, it appears that we accept the situation as is, and it continues.

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By ocjim, April 14, 2010 at 7:22 am Link to this comment

Don Blankenship should be in prison not free to justify his criminal behavior. The corporation is so flush with money that it hires expensive lawyers to contest and intentionally delay the judgment for payment of fines thus delaying repair of dangerous conditions and the government’s ability to declare it a chronic offender.

When will the rich have the same justice system the poor have. We have seen leaders get away with murder and still be left to crow about opponents in our public forum: Cheney, Bush, DeLay, etc

Report this
rico, suave's avatar

By rico, suave, April 14, 2010 at 4:41 am Link to this comment

What’s criminal is our continued reliance on coal as an energy source when there are so many other cleaner and safer sources.

Report this

By gerard, April 13, 2010 at 8:27 pm Link to this comment

Massey’s bad record plus Blankenship’s evasion
regarding the mine disaster, plus destroying the Appalachians should be enough to get Obama off his “clean coal” trip.
  But people by the hundreds need to phone or write letters to local editors calling this to public attention.  Coal has always been mean.  It’s mine-owners have no intention to come clean.  They made a new wword for their new “clean coal” process—:eneficiation” and say they will make harmful products beneficial instead of harmful.
  Believe that and I’ll tell you another.
  For more information, Google “Appalachian mountaintop removal"or words to that effect.

Report this

By Jimnp72, April 13, 2010 at 5:31 pm Link to this comment

When Sara becomes Pres., she can hire him as head of the EP{A

Report this

By Jimnp72, April 13, 2010 at 5:28 pm Link to this comment

Nah, Amy. Fox will hire him as a commentator and he can write a book like Karl
and Sara.

Report this

By DaEggman, April 13, 2010 at 4:43 pm Link to this comment
(Unregistered commenter)

It’s amazing how big money and big business can treat life so callously, but we learn from our government, who also have no regard for human life, either. In the words of Smedley Butler, “War is a racket. It always has been. It is possibly the oldest, easily the most profitable, surely the most vicious. It is the only one international in scope. It is the only one in which the profits are reckoned in dollars and the losses in lives.”
Is there any difference in the attitude of giant corporatists like Blakenship than those of our own government? Is Obama just another Clinton, talking the talk, but not walking the walk. Put Blakenship away for manslaughter for the rest of his life, and maybe we’ll start to hear a different tune from to big to fail corproations. Take these people’s money away from them and their future generations and put them back at the end of the line and maybe we’ll get the changes in the corporation charters that America so needs, to prevent these gross profiteers from throwing away lives like they were chattle, just a cost of doing business, like the soldiers who died in Vietnam for Tin and Rubber, so our miners die for Don’s American Dream, which turns out to be America’s nightmare.

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