"$209m settlement agreed in W.Va. mine disaster; $46m for kin of 29 killed in blast last year" December 07, 2011|By Clifford Krauss and Sabrina Tavernise, New York Times
WASHINGTON - In what officials say is the largest settlement in a government investigation of a mine disaster, Alpha Natural Resources agreed to pay $209 million in restitution and civil and criminal penalties for the role of its subsidiary, Massey Energy, in a 2010 mine explosion that killed 29 men in West Virginia....
The announcement of the settlement came the same day that the Mine Safety and Health Administration imposed a $10.8 million fine - the largest in agency history - on the company as it wrapped up its investigation into the April 2010 explosion.
The federal agency said Massey and its subsidiary, which was operating the Upper Big Branch mine at the time of the blast, had been cited 369 times, including for improperly training miners, allowing hazardous levels of loose coal and coal dust to accumulate, and for failing to comply with ventilation plans.
“The investigation found that the operator promoted and enforced a workplace culture that valued production over safety, including practices calculated to allow it to conduct mining operations in violation of the law,’’ the agency said in a statement.
The investigation and the settlement, first reported by the Charleston Gazette, follow previous inquiries by federal officials from the Departments of Justice and Labor, as well an independent commission appointed by the former West Virginia governor.
The announcement was made after federal investigators met with families of the victims.
“We believe this can change the way mining is done,’’ R. Booth Goodwin II, the US attorney for the Southern District of West Virginia, said yesterday.
Goodwin said there had been no discussions between federal prosecutors and Massey about a settlement before Alpha bought Massey in June.
In a statement, Kevin Crutchfield, chief executive of Alpha Natural Resources, said “the agreements we’ve reached represent the best path forward for everyone.’’
In the past, Massey had dismissed investigators’ charges that its actions led directly to the disaster.
J. Davitt McAteer, a former federal mine safety chief who conducted the independent state investigation of the disaster, said the settlement was a positive step toward ensuring safer mines in the country....
The settlement does not protect individual Massey managers, including the former chief executive, Don L. Blankenship, but none have been charged. In all, 18 executives refused to be interviewed by federal investigators, invoking their Fifth Amendment rights....
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Also see:
Coal Miner's Slaughter
Where Coal is King
The Waters of West Virginia
Celebrating AmeriKa: Mines By the Book
What Would You Do Without Coal?
Freeze.
