Massey Energy Guilty: West Virginia Probe Finds Coal Giant Systemically Failed to Comply with Law

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Massey Energy Guilty: West Virginia Probe Finds Coal Giant Systemically Failed to Comply with Law

An independent state probe in West Virginia concludes that mining giant, Massey Energy, was responsible for the April 2010 explosion that killed 29 underground coal mining workers. It echoes preliminary findings by federal investigators earlier this year that Massey repeatedly violated federal rules on ventilation and minimizing coal dust to reduce the risk of explosion, and rejects Massey’s claim that a burst of gas from a hole in the mine floor was at fault. The report also notes Massey’s strong political influence, which it uses "to attempt to control West Virginia’s political system" and regulatory bodies. We speak with J. Davitt McAteer, who oversaw the probe and is a former top federal mine safety official. [includes rush transcript]

Guest:

J. Davitt McAteer, lead author of the “Upper Big Branch Report,” which investigates the April 5, 2010, coal mining accident at a Massey Energy mine in West Virgina. He was formerly the assistant secretary of the Mine Safety and Health Administration in the Clinton administration. He is now vice president of Wheeling Jesuit University in West Virginia.


The Fight over Coal Mining is a “Fight About Democracy”: New Documentary with Robert Kennedy, Jr. Chronicles Campaign to Halt Mountaintop Removal


ROBERT F. KENNEDY, JR.: I’ve been involved in the industry, in the coal industry in West Virginia, on and off for 27 years. I was invited down about three or four years ago by the local group at Coal Mountain to help them in their battle to save this last mountain, as Bill says.

Massey Coal is the third largest coal company in the country, but it is by far the biggest practitioner of mountaintop removal mining. Over the past decade, they have leveled an area of the Appalachians the size of Delaware, 1.4 million acres. They’ve cut down 500 of the biggest mountains in the state. And they’ve buried, as Bill said, thousands of miles of rivers and streams.

They have to break the law to do this. They cannot survive in the marketplace without violating the law. They violate labor laws. They violate health and safety laws. And by their own records, they’ve had some 67,000 violations of just one of the environmental statutes. But they’re in violation of many, many other environmental statutes. Last year, I debated Don Blankenship in West Virginia in front of a statewide audience, a televised debate. And I asked him during the debate, "Is it possible for you to do your job without breaking the law?" And he said, "No, it is not." So this is a criminal enterprise, even by his own estimation.

As Bill says, you know, one of the things that they always say in West Virginia is, "Well, coal brings jobs and prosperity to the state." But this is one of the things that my father explained to me when I was 14 years old and he was fighting strip mining in Appalachia. He said, "This ought to be the richest state in the union because of the huge resources they have in West Virginia. But it’s the 49th poorest population, because the benefits of coal do not help the people of the state of West Virginia."

And if you look at the way that Massey operates, Massey doesn’t want to hire—it won’t hire unions. Its whole business plan has been to break the United Mine Workers, which it succeeded in doing in the state. When I was a little kid, there was 151,000 coal miners in West Virginia taking coal out of tunnels in the ground. Today there are fewer than 18,000 left in the state, and most of them aren’t unionized, because the strip industry isn’t, because Massey broke the unions. They’re taking more coal out of West Virginia than they were in 1968, but the money is not staying in the state for salaries or pensions or reinvestment in the community. It goes straight up to Wall Street. Ninety-five percent of the coal in West Virginia is owned by out-of-state interests. And Massey doesn’t like to hire—it won’t hire union labor, but not only that, it doesn’t like to hire people who have a union culture. So it won’t hire, if it can help it, West Virginians. So it advertises in Myrtle Beach, in the Atlanta Constitution, in USA Today, to bring people into the state. They work on these sites, cutting down the mountain. It takes about six years for them to cut down a mountain, and then they move someplace else.

They buy up the communities. They’ve bought up dozens and dozens of communities. They board up the houses. They make the people sign contracts saying that they’ll never come back within 20 miles of that community. And they empty the landscapes of people. So then, when they come to us and say, "Well, we’re bringing prosperity in West Virginia," what we say to them is, "Why is it that the places with the most coal in the state are the places with the poorest people? How can you bring prosperity to a community when you’re emptying the community?"

Well, this film is about a group of people in West Virginia who said, "We’re not leaving. We’re going to stay here. We’re going to protect our mountains." And they climbed up trees and built tree houses. They confronted the industry. They walked—they demonstrated in front of—they walked into the governor’s office. They had public demonstrations.

You know, one of the things that—one of the reasons that I’m interested in what’s happened in West Virginia and that Bill really got interested in doing the film here is that it’s not just about the destruction of the environment. It’s about the subversion of democracy. And wherever you see widespread environmental injury, you’re also going to see the subversion of democracy. And West Virginia is really the template for that dynamic. You’ll see the destruction of the public process at the local level, where people no longer have a say in the allocation of the public trust, the resources of the commons. You’ll see the destruction of transparency in government. You’ll see the capture of the agencies that are supposed to protect Americans from pollution. They become—in West Virginia, the West Virginia DEP has become the sock puppet for the industry that it’s supposed to regulate. You’ll see the widespread corruption of public officials, which you’ve also seen. Virtually every relevant public official in the state of West Virginia is now an indentured servant for the coal industry. And you’ll also see the destruction of the press and the role of the fourth estate. And again, in West Virginia you see the press largely blind, holding a blind eye to this wholesale destruction of the landscapes and to the people whose lives are being destroyed in this process that’s making a few people rich by systematically impoverishing virtually everybody else in the state.



The Last Mountain