Massey Energy
From SourceWatch
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In November 2008, Massey's Board of Directors elected Baxter F. Phillips, Jr. new president of the company, replacing Don L. Blankenship. Blankenship will continue on as chairman and CEO. Phillips has been with the company for 27 years, most recently as executive vice president and chief administrative officer. In a prepared statement, Blankenship said the promotion will help him "ensure the success of the capital expansion project we embarked on a year ago to increase production at our Central Appalachian coal mining operations."[3]
Obama EPA begins to crack down on mountaintop removal
On March 23, 2009, the Obama administration began making moves to block or stall mountaintop removal mining permits. The EPA issued letters meant to halt or slow two mining permits proposed by the federal Army Corps of Engineers in West Virginia and Kentucky. EPA Administrator Lisa Jackson made an official announcement on March 24, saying, "The two letters reflect EPA's considerable concern regarding the environmental impacts these projects would have on fragile habitats and streams. I have directed the agency to review other mining permits requests. EPA will use the best science and follow the letter of the law in ensuring we are protecting our environment."[4]
The decision to delay and review the two permits calls into question more than 100 pending valley fill permits in the Appalachian region.[5] In response to widespread industry dissent warning EPA not to block mining permits, as well as praise from environmentalists for the decision to deny permits, the organization issued the following clarification of its intentions:[6]
The Environmental Protection Agency is not halting, holding or placing a moratorium on any of the mining permit applications. Plain and simple. EPA has issued comments on two pending permit applications to the U.S. Army Corps of Engineers expressing serious concerns about the need to reduce the potential harmful impacts on water quality. EPA will take a close look at other permits that have been held back because of the 4th Circuit litigation. We fully anticipate that the bulk of these pending permit applications will not raise environmental concerns. In cases where a permit does raise environmental concerns, we will work expeditiously with the Army Corps of Engineers to determine how these concerns can be addressed. EPA’s submission of comments to the Corps on draft permits is a well-established procedure under the Clean Water Act to assure that environmental considerations are addressed in the permitting process.
In April 2009, EPA issued objections to three more mountaintop removal mining permits pending issue from the Army Corps of Engineers. The specific mines are Massey's Republic No. 1 Surface Mine in Kanawha County, West Virginia; Frasure Creek Mining’s Spring Fork No. 2 Mine in Mingo County, West Virginia; and A&G Coal Corp.’s Ison Rock Ridge Surface Mine in Wise County, Virginia. According to the EPA letters, the three mining operations would bury about eight miles of streams.[7]
Massey cutting coal production in West Virginia
In April 2009, Massey Energy announced it was cutting coal production and laying off employees in West Virginia because of market conditions. Massey idled the Black Castle Surface Mine in Boone County and laid off about 300 people.[8]
Lawsuit filed in Boone County, WV
In February 2009, about 250 people filed suit against coal companies they allege poisoned wells in two communities in southern West Virginia. The lawsuit contends that coal companies pumped waste coal slurry empty mines, and that underground cracks allowed the waste to pollute the aquifer. However, the state Department of Environmental Protection says it has been unable to link the wells to the injection site.
The lawsuit targets eight coal companies, including Massey Energy, Peabody Energy and subsidiary Pine Ridge Coal, and West Virginia's Federal Coal Co.[9]
In April 2009, a settlement agreement was reached and was awaiting judge approval. The settlement calls for the coal companies to contribute $45,000 to a fund to provide drinking water to residents in the Seth-Prenter area. The companies stated as part of the agreement that the payment does not constitute any admission of guilt and is inadmissible in court.[10]
Massey CEO calls environmentalists crazy
At a November 2008 meeting of the Tug Valley Mining Institute in West Virginia, Don Blankenship described environmental groups, along with Al Gore, Nancy Pelosi, and Harry Reid, as "Totally wrong. Nonsense. Absolutely crazy." He referred to reporters at the Charleston Gazette, a paper that has published numerous articles about the environmental effects of coal, as "communists" and "atheists." He also argued that the international scope of greenhouse gas emissions makes it futile to reduce carbon emissions in the U.S., saying, "Its nonsensical, its idiotic... If Pelosi thinks that decreasing CO2 in this country is going to save the polar bears, she’s crazy. If CO2 emissions are going to kill the polar bears, it’s going to happen. What we do here [in the US] is not going to [do] it." Blankenship also declared that business interests should come before environmental issues, and he questioned the ability of the general public to understand anything beyond simple environmental concepts.[11]
Massey Energy's Clean Water Act violations
In a landmark settlement in January 2008, Massey Energy agreed to pay $20 million in fines to the EPA to resolve more than 4,500 violations of the Clean Water Act for polluting waterways in West Virginia and Kentucky with coal slurry and wastewater. The company also agreed invest approximately $10 million to establish new protocol at all its facilities to prevent an estimated 380 million pounds of sediment and other pollutants resulting from its mountaintop removal mining practices from entering the country's waterways each year. The settlement constitutes the largest civil penalty in the EPA's history for water permit violations.[12]
Massey Energy and the West Virginia Supreme Court
In November 2007, the West Virginia Supreme Court overturned a $50 million jury verdict against Massey, brought by mining companies that said Massey had driven them out of business. However, the Court agreed to hear the case again when photographs surfaced of Chief Justice Elliott E. Maynard and Massey CEO Don Blankenship vacationing together while the case was still pending. Maynard recused himself from the case, but Justice Brent D. Benjamin, who was elected to the Court in 2004 with the help of $3 million of support from Blankenship, refused to disqualify himself. The court again decided in Massey’s favor.[13][14]
On November 14, 2008, the U.S. Supreme Court agreed to hear Harman Mining Corp.'s appeal of the overturned jury verdict. Harman's appeal said its constitutional due process rights had been violated, and asked the Supreme Court to consider whether Justice Benjamin should have disqualified himself from the case because of his connections to Massey. The Supreme Court will hear arguments in the case February or March. A decision is expected by the end of June.[15]
Massey settles lawsuit and agrees to plea deal over Aracoma mine fire
On January 19, 2006, two miners died at the Aracoma Alma No. 1 Mine in West Virginia, at Massey's Logan County Complex, after a conveyor belt caught fire. The widows of the miners filed suit against Massey, on the grounds that the company should have anticipated that the lack of an air control wall would allow smoke to fill escape routes. In the complaint, the women accused Massey CEO Blankenship of "personally engendering a corporate attitude of indifference and hostility towards safety measures which stood in the way of profit." The lawsuit was settled on November 17, 2008, although the terms were not disclosed.[16] Seven miners who were injured in the same fire have also filed suit against Massey, seeking punitive damages for their injuries.[17]
On April 15, 2009, a federal judge approved a plea deal with Massey subsidiary Aracoma Coal Company. Aracoma pleaded guilty to 10 criminal charges for the 2006 fire. The company was fined $2.5 million and must also pay $1.7 million for violations cited by the federal Mine Safety and Health Administration. The plea deal included a provision preventing Massey and its officials from being prosecuted.[18]
Citizen Action and Protest
May 31, 2005: 16 arrested in Sundial, West Virginia
On May 31, 2005, 16 people were arrested after crossing into Massey Energy property in Sundial, West Virginia at a protest against Massey's coal processing plant near the Marsh Fork Elementary School. The arrestees were taken to the Whitesville State Police detachment, where they were given citations and released, Vessels said. Vessels did not have a list of names, but said one woman was 80 years old, one was from Alabama, another from Tucson, Ariz., and some were local residents.[19]
June 30, 2005: WV citizens occupy Massey headquarters
On June 30, 2005, Concerned parents, grandparents and other citizens of Coal River Valley, West Virginia, with support from Mountain Justice Summer participants, delivered a list of demands to Massey Energy's headquarters in Richmond, Virginia, insisting that Massey respond. Two were arrested for trespassing when they refused to leave the premises until Massey responded to their demands. The citizens demanded that Massey shut down its preparation plant, coal silo, 1,849-acre mountaintop removal coal mine and 2.8 billion-gallon coal sludge dam - a toxic waste storage facility — located feet from an elementary school, Marsh Fork Elementary, in Sundail, WV. [20][21]
February 3, 2009: Coal River Mountain activists protest Massey, Pettus, West Virginia
Five Coal River Mountain activists were arrested and charged with trespassing after locking themselves to a bulldozer and a backhoe at a Massey Energy mountaintop removal site. The activists planted a banner for the Coal River Wind Project in protest of the impending 6,600 acre mountaintop removal strip mine. Later in the day, eight more activists were arrested during a demonstration against Massey's preparations to blast the mountain. Environmentalists contend that the mountain is better developed for a wind energy project, and that the blasting could destabilize the world's largest toxic coal slurry impoundment.[22][23]
March 10th, 2009: "Freeze on Coal" at Middlebury College, VT
Following the lead established by students at Santa Clara University, who convinced the school's president to divest the university from Massey Energy stock, more schools are instigating similar campaigns. Senior Nate Blumenshine at Middlebury College planned a "Freeze on Coal" to launch a campaign to convince the administration to divest from coal. On March 10th, 40 students froze in place while getting lunch in the busiest cafeteria on campus. The activists held a pieces of charcoal in their hands. The "freeze" lasted for two minutes, after which the students continued with their meal, explaining to onlookers what had just happened.[24]
April 16, 2009: Activists arrested at Massey Energy mine in West Virginia
Five people were arrested when activists from Climate Ground Zero unfurled a 40-foot-tall banner that read, "EPA stop MTR" at Massey's Edwight mountaintop removal mine. Massey recently starting blasting at the mine directly above the town of Naoma. Activists are concerned because the blasting is near a slurry dam, which poses a risk to the local Marsh Fork Elementary School.[25]
May 23, 2009: Police remove 11 activists from mountaintop removal protests in West Virginia
State police removed eleven activists from two civil disobedience actions in West Virginia. In one action, six people locked themselves to mining equipment at a Patriot Coal mine on Kayford Mountain. Another group raised a 20-by-60-foot banner at Massey's Brushy Fork coal slurry impoundment near Pettus. The protesters are part of a coalition that includes Mountain Justice, Climate Ground Zero, and concerned citizens.[26] Two of the eleven activists arrested were released from custody by May 25. Mike Roselle, the director of Climate Ground Zero, said the group was raising money to pay bail for the others.[27]
Gordon Gee campaign
Ohio State University President Gordon Gee joined the board of Massey 2000, but resigned in May 2009 in response to a prolonged citizen campaign focused on Massey's worker safety and environmental record.[28]. Massey has come under harsh criticism for toxic coal sludge spills in Kentucky waterways, numerous deaths at Massey-owned mines including the Aracoma Alma Mine accident, and the practice of mountaintop removal mining.[29] In October of 2000, Massey was responsible for a spill of 300 million gallons of coal waste into two streams in Kentucky. The Martin County sludge spill was 25 times larger than the Exxon Valdez spill of 12 million gallons. [30]
June 18, 2009: Activists scale 20-story dragline at MTR site in Twilight, WV
Four protesters visited Massey's Twilight mountaintop removal site in Boone County, WV, and climbed a 20-story strip mining machine called a dragline. The activists unfurled a 15 foot by 150 foot banner that read, "Just Stop Mountaintop Removal." The action launched a week of protests at West Virginia MTR sites, leading up to a special action on June 23 in the Coal River Valley area. The June 23rd action will include local coalfield residents, NASA climate scientist James Hansen, actress Daryl Hannah, former US Representative Ken Hechler, and many others.[31]
Ken Hechler discusses June 23 Massey Energy protest in WV
June 23, 2009: Dozens arrested protesting at Massey Energy site in Coal River Valley, WV
94-year-old former US Representative Ken Hechler, NASA climate scientist James Hansen, RAN director Michael Brune, actress Daryl Hannah, Goldman Prize Award winner Judy Bonds, and many other coal activists and local residents were arrested the Coal River action. The protesters crossed onto Massey Energy property to protest mountaintop removal and the destruction of mountains above the Coal River Valley community. Massey supporters were on scene and often behaved aggressively, shouting and ripping power cords out to silence the PA system. One Massey supporter assaulted Judy Bonds and attempted to assault another, and was arrested and charged with battery. The action launched a yearlong national campaign to end mountaintop removal mining.[32]
August 25-31, 2009: Activists occupy trees to stop blasting in Coal River Valley, WV
Protesters from Climate Ground Zero and Mountain Justice occupied treetops at the edge of Massey Energy’s Edwight mountaintop removal site in Raleigh County, West Virginia. The activists unrolled banners reading "Stop Mountain Top Removal" and "DEP – Don’t Expect Protection." They were less than 30 feet from the mine and less than 300 feet from the blasting activity, which was forced to stop because of their close proximity.[33] The protest lasted six days, when the last activist finally descended and was arrested. A spokesman for Climate Ground Zero said sleep deprivation had been endangering the protesters.[34]
Massey Coal Mines
West Virginia:
- Delbarton Mine
- Elk Run Mine
- Green Valley Mine
- Guyandotte Mine
- Independence Complex
- Logan County Complex
- Mammoth Mine
- Marfork Complex
- Nicholas Energy
- Progress Energy Complex
- Rawl Complex
- Republic Energy Mine
- Stirrat Mine
Kentucky:
Virginia:
Contact details
P.O. Box 26765
Richmond, Virginia 23261
804-788-1800
http://www.masseyenergyco.com/
Articles and resources
Sources
- ↑ Massey Energy, "Investor Relations," Massey Energy website, accessed September 2008.
- ↑ "About Massey Energy - Corporate Coal Reserves," Massey Energy website, accessed September 2008.
- ↑ "Massey Energy Names New Company President," PR Newswire, November 13, 2008.
- ↑ Ken Ward Jr., "Obama EPA starts crackdown on mountaintop removal," Charleston Gazette, March 24, 2009.
- ↑ Matt Wasson, "Coal Industry Reacts to EPA Crackdown on Mountaintop Removal Mining with Lies about Job Losses," AlterNet, March 30, 2009.
- ↑ "Mountaintop removal moratorium — NOT!," Charleston Gazette, March 24, 2009.
- ↑ Ken Ward, Jr., "EPA objects to more mountaintop removal permits," Charleston Gazette, April 8, 2009.
- ↑ "Massey, Cliffs idle WVa coal mines," Associated Press, April 10, 2009.
- ↑ "W.Va. towns with bad well water sue coal companies," Associated Press, February 3, 2009.
- ↑ "Settlement would direct coal dollars to water fund," Charleston Daily Mail, April 7, 2009.
- ↑ "Coal CEO calls environmentalists crazy," Williamson Daily News, November 22, 2008.
- ↑ "Massey Energy to Pay Largest Civil Penalty Ever for Water Permit Violations," EPA website, January 17, 2008.
- ↑ "West Virginia Judge Steps Out of Case Involving a Travel Companion," New York Times, January 19, 2008.
- ↑ "Too Generous," New York Times, September 7, 2008.
- ↑ [http://www.reuters.com/article/marketsNews/idUSN1441895220081114 "US top court to decide Massey Energy case," Reuters, November 14, 2008.
- ↑ "Coal mine fire suit settled," West Virginia Record, November 17, 2008.
- ↑ "Miners injured at Aracoma seek damages," West Virginia Record, July 17, 2007.
- ↑ "Massey subsidiary fined $2.5M for fatal mine fire," Associated Press, April 15, 2009.
- ↑ "State police arrest 16 at Massey site," Associated Press, May 31, 2005
- ↑ Coalfield citizens arrested delivering demands to Massey headquarters, Mountain Justice Summer, June 30, 2005.
- ↑ Coalfield citizens arrested delivering demands to Massey headquarters, Richmond Times Dispatch, June 30, 2005.
- ↑ "Coal River Mountain can't wait," Grist, February 3, 2009.
- ↑ "Fourteen Arrested Defending Coal River Mountain," Power Past Coal, February 3, 2009.
- ↑ Jeff Biggers, "Takes a Village to Stop Razing Appalachia: Power Past Coal Fights Back," Power Past Coal, March 12, 2009.
- ↑ "Activists hang “EPA stop MTR” banner on Massey mine, arrested," Climate Ground Zero, April 16, 2009.
- ↑ "Removal Coal Mining; More Protestors Expected This Afternoon," Press Release, May 23, 2009.
- ↑ "Group raising money for bail for coal protesters," Associated Press, May 26, 2009.
- ↑ http://www.ohiocitizen.org/campaigns/coal/gee.html
- ↑ http://www.huffingtonpost.com/jeff-biggers/green-commencement-speech_b_196948.html
- ↑ http://www.youtube.com/watch?v=IB8WQddz8x0
- ↑ Jeff Biggers, "Daring Dragline Protest Launches 7 Days That Will Shake Mountaintop Removal Operations," Common Dreams, June 18, 2009.
- ↑ Jeff Biggers, "Nonviolent Goldman Prize Winner Attacked by Massey Supporter: 94-Year-Old Hechler, Hannah, Hansen Arrested at Coal River," Huffington Post, June 23, 2009.
- ↑ "Treesit stopping blasts above Pettry Bottom, Coal River Valley," Climate Ground Zero, August 25, 2009.
- ↑ "Tree-sitting protest of mountaintop removal ends in W.Va. after 6 days; activists arrested," Taragana blog, August 31, 2009.
Related SourceWatch articles
- Existing U.S. Coal Plants
- Global warming
- Gordon Gee
- Mining industry
- Mountaintop removal
- Risk factors for coal companies
- United States and coal
- West Virginia and coal
External resources
External articles
- Andrew Clevenger, "'Legal experts' weigh in on U.S. Supreme Court's Benjamin ruling," "Managed Outrage" blog of The Charleston Gazette (West Virginia), June 9, 2009.
