This isn't going to be much of a diary to start with, but the West Virginia Gazette just posted the news that there may be justice for the West Virgina miners after all.
The Feds have announced they are conducting a criminal investigation of safety violations that date back at least three years at Massey Energy's Upper Big Branch Mine where 29 workers died in an explosion last month.
U.S. Attorney Charles Miller confirmed the existence of the probe in a Friday letter to Douglas N. White, a top lawyer for the federal Mine Safety and Health Administration. The letter cites violations being appealed by Massey in nearly four dozen cases pending before the Federal Mine Safety and Health Review Commission. "A portion of the criminal investigation involves whether [Massey subsidiary] Peformance Coal and its directors, officers and agents engaged in willful criminal activity at UBB," says the letter, also signed by Assistant U.S. Attorney Booth Goodwin.
http://wvgazette.com/...
I think this calls for some sort of celebratory welcoming committee for the CEO of Massey Energy, Don Blankenship, when he comes to Washington next Thursday (May 20). He is scheduled to testify before a Senate subcommittee considering mine safety spending. The hearing on Thursday will also include testimony from key mine regulators and Department of Labor lawyers. This hearing was scheduled before today's news broke about the criminal probe, and Massey is claiming they knew nothing about the criminal probe until today.
During the hearing hopefully he can explain to the committtee how on the afternoon of April 5, 29 people were killed and several were injured after an explosion at Massey's Performance Coal Company Upper Big Branch Mine in West Virginia. The explosion is believed to have been caused by a massive build up of methane gas in the mine. The mine had received numerous safety violations in the dayas, weeks and months leading up to the explosion. Miners had been sent home from the mine the day before because of high methane levels, and many miners "just knew" something bad was eventually going to happen.
The AP is reporting that the FBI had interviewed nearly two dozen current and former employees of Massey last month, but only today did the government confirm a criminal probe against Performance and Massey Energy was underway. In his letter today, Goodwin said his office wants to make sure the pending civil cases don't interfere with the criminal probe. He asked Douglas White, a lawyer for the federal Mine Safety and Health Administration, to delay nearly four dozen cases pending before the Federal Mine Safety and Health Review Commission against Performance. These cases that could form the basis of criminal penalties under federal mine laws.
The cases involve about 500 citations issued between June 3, 2006, and April 5, 2010 - the day of the explosion, according to a federal official familiar with the records...About 300 of the citations are for "significant and substantial" violations, which are among the most serious that can be alleged at a mine, the official said. More than 90 allege the mine operator's high negligence or reckless disregard for safety standards. The citations range from inadequate roof support and ventilation problems to improper accumulations of combustible dust, the official said...
A half dozen of the civil cases federal investigators are looking at have been pending for at least three years at the Federal Mine Safety and Health Review Commission, a separate agency that resolves mine safety cases.
Some lawmakers blame Massey for clogging the system with legal challenges to dozens of safety citations to delay stronger penalties. The commission has a backlog of more than 16,000 cases and lawmakers are trying to direct more money so it can hire more staff.
http://hosted.ap.org/...
I noted an immediate reaction of cynicism in the "Comments" section of the West Virginia Gazette to this news, to the effect of "yeah, yeah, another Massey investigation that goes no where. Wake me when you plan to actually put some people in jail." You would think that having a pile of hundreds of citations would make for a "slam dunk" case for a criminal prosecution, but Don Blakenship has gotten away with so much over the years, its no wonder cynicism is the first reaction.
In fact, just a few days ago (May 10) the United States Bankruptcy Court for Western Pennsylvania approved the sale of the Mon View Mining Co. Mathies Mine in Union Township, Washington County, Pennsylvannia to Massey Energy. Just what we all need, another Massey operated mine. Pennsylvannia Senator Casey has since sent a letter to the PA Department of Environmental Protection (DEP) asking the DEP to "place a hold on all mining permit applications by Massey Energy in the Commonwealth until the United States Department of Labor’s Mine Safety and Health Administration has completed all investigations on the explosion at the Upper Big Branch Mine and any subsequent investigations on other Massey Energy operations." Good idea.