The Last Mountain: Teacher's Guide
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Massey Energy Co
Case 5:10-cv-00689 Document 83 Filed 03/11/11 Page 1 of 170 PageID #: 1266 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY In re MASSEY ENERGY CO. ) Civil Action No. 5: 1 0-cv-00689 SECURITIES LITIGATION ) ) CLASS ACTION ) This Document Relates To: ) The Honorable Irene C. BerBergerg ) ALL ACTIONS Jury Trial Demanded ) CONSOLIDATED AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS Case 5:10-cv-00689 Document 83 Filed 03/11/11 Page 2 of 170 PageID #: 1267 TABLE OF CONTENTS GLOSSARY v I. NATURE AND SUMMARY OF THE ACTION 13 A. Fallout from the 2006 Fire at Massey’s Alma No. 1 Mine 14 B. Massey Created a New Corporate Image to Lure Investors by Purporting to Implement Safety Improvement Initiatives 17 C. Notwithstanding its Purported Safety Improvement Initiatives, Massey Prioritized Production Over Safety During the Class Period, Culminating in the Disaster at Upper Big Branch 18 D. After the Explosion, Criminal and Civil Investigations Revealed Deceptive Tactics Used by Massey to Cover Up its Safety-Last Approach to Coal Mining During the Class Period 20 E. Massey Restates its Critical NFDL Safety Metric and Blankenship Resigns 23 II. JURISDICTION AND VENUE 25 III. PARTIES 25 A. Plaintiffs 25 B. Massey 26 C. The Officer Defendants 26 D. The Director Defendants 28 IV. FACTUAL BACKGROUND AND SUBSTANTIVE ALLEGATIONS 32 A. Massey and its Subsidiaries 32 B. Blankenship’s Rise to Power and Reign at Massey 35 C. Before the Class Period, Massey Was Embroiled in Criminal and Civil Litigation Arising from Unlawful Safety Practices in 2006 37 D. -
Alpha Complaint
Case 2:14-cv-11609 Document 1 Filed 03/05/14 Page 1 of 32 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION UNITED STATES OF AMERICA; the STATE OF WEST ) VIRGINIA by and through the WEST VIRGINIA ) DEPARTMENT OF ENVIRONMENTAL PROTECTION; the ) PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL ) PROTECTION; and the COMMONWEALTH OF ) KENTUCKY by and through the KENTUCKY ENERGY ) AND ENVIRONMENT CABINET ) ) Plaintiffs, ) ) v. ) ) Civil Action No. ________2:14-11609 ALPHA NATURAL RESOURCES, INC.; ALPHA ) APPALACHIA HOLDINGS, INC.; ALEX ENERGY, INC.; ) ALPHA PA COAL TERMINAL, LLC; AMFIRE MINING ) COMPANY, LLC; ARACOMA COAL CO., INC.; ) COMPLAINT BANDMILL COAL CORP.; BELFRY COAL CORP.; BIG ) BEAR MINING CO.; BROOKS RUN MINING COMPANY, ) LLC; BROOKS RUN SOUTH MINING LLC; CLEAR FORK ) COAL CO.; CUMBERLAND COAL RESOURCES, LP; ) DELBARTON MINING CO.; DICKENSON-RUSSELL ) COAL COMPANY, LLC; DUCHESS COAL CO.; EAGLE ) ENERGY, INC.; ELK RUN COAL CO., INC.; EMERALD ) COAL RESOURCES, LP; ENTERPRISE MINING ) COMPANY, LLC; GOALS COAL CO.; GREYEAGLE ) COAL CO.; HARLAN RECLAMATION SERVICES LLC; ) HERNDON PROCESSING CO., LLC; HIGHLAND MINING ) CO.; INDEPENDENCE COAL COMPANY, INC.; JACKS ) BRANCH COAL CO.; KANAWHA ENERGY CO.; KEPLER ) PROCESSING CO., LLC; KINGSTON MINING, INC.; ) KINGWOOD MINING CO., LLC; KNOX CREEK COAL ) CORP.; LITWAR PROCESSING CO., LLC; MARFORK ) COAL CO.; MARTIN COUNTY COAL CORP.; NEW ) RIDGE MINING CO.; OMAR MINING CO.; PARAMONT ) COAL COMPANY VIRGINIA, LLC; PAYNTER BRANCH ) MINING, -
Will Massey Energy Company Suffer Severe Penalties in Clean Water Act Case?
A BNA, INC. DAILY ! ENVIRONMENT REPORT Reproduced with permission from Daily Environment Report, Vol. 2007, No. 186, 09/26/2007, pp. B1 - B6. Copyright 2007 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com ENFORCEMENT CLEAN WATER ACT When Wall Street analysts calculated the statutory maximum civil penalty in a Clean Wa- ter Act case against Massey Energy Company and several affiliated companies, a great deal of negative ‘‘buzz’’ was generated because of the potential magnitude of the fine, according to the author of this article. However, the author says the courts have been very reluctant to impose statutory maximum penalties. In this article, the author provides background on the issues in the case and, based on his experience as a consultant in these matters, offers his view of how the penalty actually will be calculated. Will Massey Energy Company Suffer Severe Penalties in Clean Water Act Case? BY ROBERT H. FUHRMAN conclusion. Even assuming the government is success- ful in its assertion of liability, my opinion, which I ex- all Street analysts and media reports have sug- plain in detail below, is that the likely penalty is in the gested Massey Energy Company faces a poten- range of $1.5 million to $7 million if this case is adjudi- W tial liability of $2.4 billion for alleged violations cated. of the Clean Water Act.1 I was retained by the company to assess its liability and have reached a far different Case Background 1 This figure appeared in several publications, including On May 10, 2007, in the U.S. -
Consent Decree: United States of America V. Massey Energy Company, Et Al., Civil Action No. 2:07-0299
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) Civil Action No. 2:07-0299 ) Hon . John T . Copenhaver, Jr. MASSEY ENERGY COMPANY, et al ., ) ) CONSENT DECREE Defendants . ) ) TABLE OF CONTENTS I . BACKGROUND . ..... .... .... ... .. .. .... ..... .... ... ... ... ..... ... .-1 II . JURISDICTION AND VENUE . ..... .... .. .. ... .... .... .. .... -2 III . APPLICABILITY . ..... .... .. ... .. ... ... .... ... ... .. ... .... ... ... -2 IV . DEFINITIONS . ..... .... .... ..... ... .. .. .:... ..... ... ... ... .... ..... .... -3 V. CIVIL PENALTY ... ... ... .. .... ... ... ... .... .... ... .... .... ... ...... .... -7 VI . COMPLIANCE REQUIREMENTS . ... .... ... .... ..... ... ... .... ... .. .... .... -8 VII . INJUNCTIVE RELIEF . .... ..... ... ... .. ... ..... .... ..... ... ... ..... -12 VIII . ADDITIONAL INJUNCTIVE RELIEF .. ... ... ... .. ... ... .. .. .... -20 IX . REPORTING REQUIREMENTS . .... .... .... .... .... .... ..... .... ... .... .... -21 X. STIPULATED PENALTIES . ..... .... .. ... ..... .... ... .. ... .... .... -27 XI . FORCE MAJEURE . ...... ..... ... ... ... ... .. .. .... ...... .... :.. ..... .... .-31 XII . DISPUTE RESOLUTION . ...... ... .... ... .. ... .. ... ... .... .... .. .. -34 XIII . INFORMATION COLLECTION AND RETENTION ... .... ....... ..... ..... ., . -37 XIV. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS . ....... .... .... ... -39 XV. COSTS . .... .. .... ..... ... .... .... ...... ... .... .... ... -41 XVI. NOTICES -
Twists and Turns in Ancient Roads: As Unidentified
CLIMATE CHANGE AND THE WAR ON COAL: EXPLORING THE DARK SIDE Patrick Charles McGinley∗ To see coal purely as a gift from God overlooks the many dangerous strings attached to that gift. Similarly, to see it as just an environmental evil would be to overlook the undeniable good that accompanies that evil. “Failing to recognize both sides of coal—the vast power and the exorbitant costs—misses the essential, heartbreaking drama of the story.1 TABLE OF CONTENTS Introduction ............................................................................................... 256 I. Coal at the Millennium .......................................................................... 258 II. History of Coal ..................................................................................... 262 A. Early History .................................................................................... 262 B. Coal and the Industrial Age .............................................................. 262 C. Coal and Industrialization in the United States ................................ 263 III. Coal’s Dark Side: Examining its Externalities .................................... 265 A. The Socio-Economic Costs of Coal Mining and Burning ................ 266 1. Industrial Awakening in the Coalfields .............................. 266 ∗ Professor McGinley is the “Judge Charles H. Haden II Professor of Law” at West Virginia University. In the print version of Volume 13 Issue 2, the Vermont Journal of Environmental Law mistakenly inserted the name of a purported "co-author." -
Environmental Melodrama, Coal, and the Politics of Sustainable Energy in the Last Mountain
University of Montana ScholarWorks at University of Montana Communication Studies Faculty Publications Communication Studies 2014 Environmental melodrama, coal, and the politics of sustainable energy in The Last Mountain Steven J. Schwarze University of Montana - Missoula, [email protected] Jennifer Peeples Utah State University Jen Schneider Colorado School of Mines Pete Bsumek James Madison University Follow this and additional works at: https://scholarworks.umt.edu/communications_pubs Let us know how access to this document benefits ou.y Recommended Citation Schwarze, Steven J.; Peeples, Jennifer; Schneider, Jen; and Bsumek, Pete, "Environmental melodrama, coal, and the politics of sustainable energy in The Last Mountain" (2014). Communication Studies Faculty Publications. 15. https://scholarworks.umt.edu/communications_pubs/15 This Article is brought to you for free and open access by the Communication Studies at ScholarWorks at University of Montana. It has been accepted for inclusion in Communication Studies Faculty Publications by an authorized administrator of ScholarWorks at University of Montana. For more information, please contact [email protected]. 108 Int. J. Sustainable Development, Vol. 17, No. 2, 2014 Environmental melodrama, coal, and the politics of sustainable energy in The Last Mountain Steve Schwarze* Department of Communication Studies, The University of Montana, Missoula, MT 59812, USA E-mail: [email protected] *Corresponding author Jennifer Peeples Department of Languages, Philosophy and Communication Studies, Utah State University, 0720 Old Main Hill, Logan, Utah 84322-0720, USA E-mail: [email protected] Jen Schneider Liberal Arts and International Studies, Colorado School of Mines, 1005 14th St., Golden, CO 80401, USA E-mail: [email protected] Pete Bsumek School of Communication Studies, James Madison University, MSC 2106, 54 Bluestone Dr., Harrisonburg, VA 22807, USA E-mail: [email protected] Abstract: The Last Mountain is a 2011 Natural Resources Defense Council (NRDC) film. -
Massey Energy Company 2007 Annual Report Any X 26765
Massey Energy Company Energy Massey 2007 MAssEy EnERgy CoMpAny Annual Report p.o. BoX 26765 RICHMonD, VA 23261 (804) 788-1800 Meet the energy behind massey energy Massey energy coMpany 2007 annual report finanCial highlights shareholder information Year Ended December 31, (In millions, except per share, per ton Common Stock Information Comparison of Cumulative Total Return for the and number of employees amounts) 2007 2006 2005 2004 2003 at February 15, 2008, there were 80,491,644 shares Period December 31, 2002 to December 31, 2007 outstanding and approximately 6,800 shareholders $ 800 Consolidated Statement of Income Data of record of Massey energy’s common stock. $ 700 produced coal revenue $ 2,054.4 $ 1,902.3 $ 1,777.7 $ 1,456.7 $ 1,262.1 Registrar and Transfer Agent $ 600 Total revenue SM 2,413.5 2,219.9 2,204.3 1,766.6 1,571.4 Wells Fargo Shareowner Services $ 500 Income (Loss) before interest and Shareowner relations Department $ 400 income taxes 179.7 111.0 (20.9) 46.2 (17.5) p.o. Box 64854 Income (Loss) before cumulative effect St. paul, Mn 55164-0854 $ 300 of accounting change 94.1 41.6 (101.6) 13.9 (32.3) For change of address, lost dividends or lost stock $ 200 net income (loss) 94.1 41.0 (101.6) 13.9 (40.2) certificates, write or telephone: $ 100 Income (Loss) per share – Basic Wells Fargo Bank, n.a. $ 0 p.o. Box 64874 Income (Loss) before cumulative effect 12/02 12/03 12/04 12/05 12/06 12/07 of accounting change $ 1.17 $ 0.51 $ (1.33) $ 0.18 $ (0.43) St. -
Response of Omar Mining Company, A.T
NORMA ACORD, ::<L 'RORY L. PERRY II, CLERK West Virginia Residents, f SUPREME COURT OF APPEALS Plaintiffs and Class Representatives, ~~l,~,j·:' OF WEST VIRGINIA Plaintiff/Petitioner, v. Appeal No. ______ Civil Action No. 04-C-lSl-0 CO LANE COMPANY, a West Virginia Circuit Court of Logan County corporation, individually and as a successor-in-interest to Cole & Crane Real Estate Trust; COAL & CRANE REAL ESTATE TRUST, a West Virginia trust; LOGAN COUNTY BOARD OF EDUCATION, a West Virginia public body; WEST VIRGINIA COAL & COKE COMPANY, a West Virginia corporation, OMAR MINING COMPANY, a West Virginia corporation, individually and as successor-in-interest to West Virginia Coal & Coke Company; A.T. MASSEY COAL COMPANY, a West Virginia corporation, individually and as a successor-in-interest to West Virginia Coal & Coke Company; MASSEY ENERGY COMPANY, a Virginia corporation, individually and as a successor-in-interest to West Virginia Coal & Coke Company; RICHARD FRY, a West Virginia resident, individually, Defendants/Respondents. RESPONSE OF OMAR MINING COMPANY, A.T. MASSEY COAL COMPANY, INC., AND MASSEY ENERGY COMPANY TO PETITION FOR APPEAL Daniel L. Stickler (WVSB # 3613) Jonathan L. Anderson (WVSB # 9628) JACKSON KELL Y PLLC 1600 Laidley Tower Charleston, West Virginia 25301 (304) 340-1000 Counsel for Respondents Omar Mining Company, A. T. Massey Coal Company, Inc., and Massey Energy Company {C1863023.1 } TABLE OF CONTENTS I. INTRODUCTION ............................................................................................................... 1 II. KIND OF PROCEEDING AND NATURE OF RULING BELOW .................................. .2 III. STATEMENT OF FACTS .................................................................................................. 3 A. Historical Background ............................................................................................. 3 1. 1920-1954: Coal & Coke's Operations in the Island Creek Valley ............. 3 2. -
Winds of Change the Newsletter of The
Winds of Change the newsletter of the June 2010 Ohio Valley Environmental Coalition E Huntington, WV www.ohvec.org Victory! Passing Stronger Cemetery Legislation by Robin Blakeman operations and other land-altering After at least three years of activities. trying to more effectively protect During our first three years cemeteries, we finally did it! This year, of work, four separate bills were at OVEC’s urging, citizens and introduced; none resulted in new members of the faith community joined legislation, but all increased elected forces in lobbying for the passage of officials’ awareness of the need to HB 4457, which improves cemetery protect cemeteries. protection throughout West Virginia. We built allies within faith Our efforts to protect community groups and other cemeteries were sparked by an organizations, such as genealogical increasing number of reports of societies and the WV Perpetual cemetery desecration and blocked Care Cemetery Board. Prominent access to family cemeteries. representatives from Catholic, Many of the access and Episcopalian, Methodist, Unitarian desecration complaints are related to and Presbyterian faith groups lent mountaintop removal operations, but support. For the past two years, there are statewide problems with the WV Council of Churches has protecting cemeteries from natural gas endorsed the need for improved cemetery protection Anderson “Devil Anse” legislation in its legislative Supreme Court Pilot Project Approved Hatfield’s grave is just one policy guide. of hundreds in WV by Carol Warren During the 2009 overshadowed by MTR Coalition partners of WV Citizens for Clean WV legislative interims, a Elections were very encouraged when Governor Manchin mining operations (center announced in his State of the State address that he planned background). -
MASSEY ENERGY COMPANY (Exact Name of Registrant As Specified in Its Charter)
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D. C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of report (Date of earliest event reported): April 8, 2010 (April 5, 2010) MASSEY ENERGY COMPANY (Exact Name of Registrant as Specified in Its Charter) Delaware 1-7775 95-0740960 (State of Incorporation) (Commission File Number) (I.R.S. Employer Identification No.) 4 North 4th Street, Richmond, Virginia 23219 (Address of principal executive offices) (Zip Code) Registrant’s telephone number, including area code: (804) 788-1800 N/A (Former name, former address and former fiscal year, if changed since last report date) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) https://www.sec.gov/Archives/edgar/data/37748/000119312510079731/d8k.htm 9/26/2015 Form 8-K Page 2 of 4 Item 7.01 Regulation FD Disclosure On April 5, 2010, an explosion occurred at the Upper Big Branch mine in Montcoal, West Virginia, operated by our subsidiary, Performance Coal Company. The explosion resulted in 25 fatalities as of the date of this Current Report on Form 8-K (“Form 8-K”). -
Coal River Mountain Watch
Winter 2011 Coal River Mountain Watch Messenger www.crmw.net Volume 5, Issue 1 “You are the ones you’ve New, safe Marsh Fork Elementary to open in been waiting for!” 2012 In inspired, loving memory of Judy Bonds By Debbie Jarrell In school year 2012 I’ll be watching as By Vernon Haltom my two young grandsons begin the school year at the new MFE school. Not only will there be laughter in the classrooms and It is with great sorrow that we mourn the “thousand hillbilly march” in Washington, hallways but also in each home and hol- passing on Jan. 3 of Julia “Judy” Bonds, DC (see story, p. 3). In 2010, that dream low that has children attend this school. Executive Director of Coal River Moun- became a reality as thousands marched A veil of dread and doubt will be lifted as tain Watch. Judy on the I realize that these children no longer will was more than a White be attending a school underneath a sludge co-worker, friend, House for impoundment, or downwind of a chemical and mentor: she Appala- laden processing plant. became fam- chia Ris- ily. She inspired ing. The little ones will be going to a school thousands in the that is not only physically better for movement to end Judy them, but mentally as well. I can only mountaintop re- endured moval and was much per- MARSH FORK cont’d on p. 2 a driving force in sonal suf- making it what fering for it has become. her leader- In the words of ship. -
To Dance with the Devil: the Social Impact of Mountaintop Removal Surface Coal Mining Shirley Stewart Burns ABSTRACT
To Dance with the Devil: The Social Impact of Mountaintop Removal Surface Coal Mining Shirley Stewart Burns ABSTRACT Five generations have passed since railroads began to take West Virginia’s bountiful natural-resource treasures of coal and timber to places outside the region, decimating the state’s hardwood forests and diminishing its coal reserves. By 1920, West Virginia’s bountiful hardwood forests had nearly disappeared. The repercussions of constantly extracting resources with no thought of the future consumed those within the region. At the turn of the nineteenth century, West Virginia’s inhabitants learned a difficult lesson about what such a “dance with the devil” could do. In this present struggle, once again balancing economics with community needs for a safe and functioning environment, this generation has now done the same. 4 SHIRLEY STEWART BURNS / TO DANCE WITH THE DEVIL ARTICLE “There are two roads in life, a right one and a wrong one. There is no in-between path to take.” —Pauline Canterberry, resident of Sylvester, West Virginia As the nineteenth century gave way to the twentieth, West Virginia’s rural backcounties experienced a fundamental transformation. Natural-resource speculators pervaded the area; chief among them were the coal and timber industries, along with their handmaiden, the railroad industry. Throughout West Virginia, beautiful hardwood forests came crashing down until, by the 1920s, nearly all of them were gone.1 Railroads penetrated the rugged countryside to whisk the natural treasures of timber and coal away from the state and into the large cities beyond. Older agricultural communities were soon joined by new industrial towns that dotted the landscape for the express purpose of providing a home for workers and their families.