The West Virginia coal mine that exploded this week and killed 25 workers has a less than pleasing legal back story. Upper Big Branch mine, operated by the Performance Coal Company, is a subsidiary of Massey Energy. That should ring a bell for lawyers and academics as the company owned by Don Blankenship, who was at the heart of the recent Supreme Court ruling in Caperton v. Massey — a case involving Blakenship’s alleged control of the West Virginia bench through massive campaign contributions.
Blankenship is widely viewed as a corrupting influence in West Virginia where he uses his considerable wealth to place judges and legislators in key positions. As if to fulfill his reputation as the Mr. Montgomery Burns of West Virginia, he is quoted by ABC as saying if you take photos, “you’re liable to get shot.” (here).
The mine involved in the recent explosion has had a history of safety infractions and citations. Since 1984, it has amassed a huge number of such citations, including 57 infractions just last month for violations that included repeatedly failing to develop and follow a ventilation plan.
Blankenship is often accused of skirting safety regulations and fighting such fines. One of his subsidiaries agreed to pay $4.2 million in criminal and civil fines just last year. He seems, however, all too willing to give money to West Virginia politicians and judges.
In the 2009 decision, Justice Kennedy wrote for a 5-4 majority that Blakenship’s massive contributions to Judge Brent Benjamin required the judge to recuse himself from cases involving Massey due to the “serious risk of actual bias.” The Due Process Clause required the recusal of Judge Brent Benjamin, according to the majority.
For the full story, click here.
Jason check this out…mini power plants in every back yard 😉
http://www.hyperionpowergeneration.com/
my neighbors can’t even put thier coke cans in the trash…can’t wait to see what they do with these…..
“Byron 1, April 8, 2010 at 8:51 pm
goneville:
I have read that when coal mining methane can exit from pre-drilled holes they use to try and relieve gas prior to digging or blasting. Based on the other stuff I have read about this guy I dont doubt he took shortcuts and there should be a serious investigation into his activities.”
He did. He took lots of them. In fact he was already responsible for the deaths of 2 miners in 2006 in Logan County West Virginia in which his firm pleaded guilty to 10 criminal counts.
goneville:
I have read that when coal mining methane can exit from pre-drilled holes they use to try and relieve gas prior to digging or blasting. Based on the other stuff I have read about this guy I dont doubt he took shortcuts and there should be a serious investigation into his activities.
What I read was that initially he made promises and wined and dined the miners and took them to Dollywood and even bought some cars. Once he had gotten rid of the union he then held their jobs over their heads and added additional work hours-from 8 to 12.
He sounds like an unethical conman.
“Byron 1, April 8, 2010 at 8:36 pm
Mike Appleton:
A little research into the company and the man pretty much jibes with your 8 points. However from what I have learned methane is a rather tricky gas in a coal mine so that point may not be exactly correct.
Apparently the mine was unionized prior to Blankenshit taking over but supposedly he wined them and dined them and got them to give up their union representation and then put the hammer down”
Wrong. He did not “wine and dine” them. According to people who live and work their he threatened them with the loss of their jobs. Anyone who bucked the system or talked union was out.
And there was nothing “tricky” about the methane. What was tricky was the jury rigging of the ventilation system to recirculate air and methane back into the mine, rather than pumping it out.
That’s what the miners are saying on camera.
The ones still alive that is.
Mike Appleton:
A little research into the company and the man pretty much jibes with your 8 points. However from what I have learned methane is a rather tricky gas in a coal mine so that point may not be exactly correct.
Apparently the mine was unionized prior to Blankenshit taking over but supposedly he wined them and dined them and got them to give up their union representation and then put the hammer down.
By all rational standards he does appear to be a POS and his policies and procedures appear to have been a major factor in this calamity. He used government to further his ambitions and acted above the law with the knowledge and approval of state and federal government agents/employees.
Woosty-
There was nothing in any of my posts suggesting that we shouldn’t tightly regulate safety in any type of plant. I was expressing my exasperation about the American public and policy makers. The president himself said that we could go nuclear only when it was safe, while in the meantime, the coal plants already running are killing thousands per year. Apparently the “safety” grade scale is flexible when it comes to power plants and the mines that supply them.
Apparently coal has waaaaay better lobbyists than nuclear.
yeah, what Mike said!(cause he for sure said it better than I could’ve…)
This latest mining disaster will be investigated and will conclude the following:
1. Performance Coal had production quotas to meet, which were set internally or imposed by the parent company, Massey Energy.
2. The company knew of the danger of a methane explosion, but assumed the risk in order to maintain production quotas.
3. The company analyzes economic risks and has determined that it is cheaper in the long run to challenge safety violations and negotiate fines rather than to bear the costs of correcting the violations.
4. The company knew that mine safety standards were not being vigorously enforced under the sloppy regulatory climate favored by Republicans.
5. There have been numerous safety violations for which the company has never been cited, due to a cozy relationship with individual mine inspectors or to actual corruption.
6. Since the company is not unionized, it knew that the miners could not effectively initiate strikes and would not risk the loss of employment with families to care for.
7. Under workers compensation laws, the cost associated with the death of a miner is much less than it would be were the company to be at the mercy of a jury in a wrongful death claim.
8. As the dominant economic force in the State of West Virginia, the coal industry has the power to bend state government to its will, including, as we now know, the West Virginia Supreme Court.
This tragedy dramatizes more than words can the results of uncontrolled corporate power, laissez-faire market theory and anti-union social policies.
‘Federal mining data indicates that only one in 10 underground mines nationwide have met the law’s requirements. ‘
http://www.nytimes.com/2010/04/08/us/08westvirginia.html
oh sorry, the first part of that last entry should have quotes on it…it’s from that article…
Armed with tougher federal mining laws passed in 2006, federal investigators had new powers to crack down on mines with persistent violations.
But mining companies have been able to fend off this tougher regulatory approach by challenging more of the citations filed against them.
http://www.nytimes.com/2010/04/07/us/07company.html?ref=us
…much like the current response to the healthcare bill.
I can think of a zillion better responses in both instances….
“If you think I think the mine owner should not have made a safe as possible working environment for the men he is responsible for you are very mistaken.”
We already know they did not do this.
And with active citations and the mine still open, it is reasonable to believe that the miners believed that standards were going to be complied with, and conditions improved upon.
Don “Coal Pays The Bills” Blankenship is s state-wide embarrassment here in Virginia.
“Bdaman 1, April 7, 2010 at 9:59 am
“Woosty if your local Mickey D’s was continually sited for health violations and you knew it, but you decided to continue to eat there and then you became deathly ill, who’s fault is it.”
http://www.msnbc.msn.com/id/3473728/
In a letter to Dateline, Burger King says it is “Extremely disappointed” by (the) findings… We want to assure our guests we will quickly investigate… and take immediate and appropriate actions…” The president of Wendy’s writes, “one critical violation on a health inspection report is one too many.” And Hardees says, “We must always do better. Any critical deficiency is unacceptable – which is why we address them immediately.” McDonald’s says “No one cares more about operating clean, safe restaurants than McDonald’s.”
The McDonald’s restaurant in Orange Grove remained closed Wednesday following a V.I. Health Department inspection to correct food code violations.
http://stcroixsource.com/content/news/local-news/2009/12/16/mcdonalds-orange-grove-still-closed-health-code-violations
….they don’t get to just keep doing business as usual. And they have excellent coffee….
Byron 1, April 8, 2010 at 3:08 pm
“Life is risky and the only way to eliminate risk is to stay in bed.”
************************************
Yes. The miners should have stayed in bed if they didn’t like it, right Byron?
Of course the truth is its unlikely the individual miners who died were all aware of the shortcuts management was taking, like jury rigging the ventilation system to recirculate back into the mine.
But thanks for again reiterating your partner Bdaman’s point, that the miners were to blame for their own deaths because they chose to take the risk.
WOOSTY:
I never said there should not be minimum safety standards which are what the government imposes, personally in an industry like mining the owners need to set a higher standard of safety. As you pointed out there is risk in a risky job and the employer should make it as safe as they possibly can. Life is risky and the only way to eliminate risk is to stay in bed.
If you think I think the mine owner should not have made a safe as possible working environment for the men he is responsible for you are very mistaken.
“I used to be a roughneck, it is a very dangerous occupation, you can get seriously injured or killed in multiple ways. From a rig fire to a helicopter crash or having something drop on you. I knew a guy that was using a chain wrench to tighten up a drill stem and the tool pusher grabbed the wrong handle and the rotary table spun the pipe and it almost killed that guy, he had to be medivaced to Anchorage.
So yes these miners know the risk and accept it as part of their jobs. To say that I am blaming them for the accident is beyond foolish.”
Byron,
I used to work in a sawmill. Loved it. One day someone bumped a switch and one of the nicest guys in the world got chopped up in the head-rig. That did not happen often but it did happen. Still and all, the jacks there were treated well and the bosses made damn sure that conditions met OSHA standards and no-one was put at any EXTRA risk than was inherent in the job under conditions with adequate staff and minimum safety practices in place.
MINIMUM safety practices.
Not too much to ask for.
While on contract in Va I had the pleasure to work at MCV in the transplant wing. This was years ago and the staffing was usually fair and workable. I heard tell of a nurse that suffered a dirty needlestick….her pt had fulminant hepatitis. It was a death sentence.
That happened under good and reasonable conditions with adequate staff trained properly.
MINIMUM safety practices.
Not too much to ask for.
MINIMUM safety practices.
Not too much to ask for.
MINIMUM safety practices.
Complied with.
“Byron 1, April 8, 2010 at 2:03 pm
Up and away junior birdman put on your wings of tin and send your box tops in.”
A weak response to be sure, pretending that my addressing your words constitutes a tin foil hat theory. Or is it tin foil wing?
Like most tea baggers when anyone actually challenges what you say you attempt to smear them. In typical Rovian fashion you attack the man because the message defeats you.
I didn’t tell you to write the things you wrote. Nor did I tell your partner, bdaman to write the things he wrote. So as Groucho Marx used to say, who are we supposed to believe?
You? Or our lying eyes?
“That one would be Mickey D’s, the health dept. and Wootsy”
Mickey D’s coffee is better than Starbucks.
Up and away junior birdman put on your wings of tin and send your box tops in.