Mountain Top Removal Coal Mining United States
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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." -
Ensuring a Robust COAL EXPORT MARKET
Coal Exports / Rich Nolan Ensuring A Robust COAL EXPORT MARKET By Rich Nolan, President and Chief Executive Officer, National Mining Association lthough it is seldom acknowl- contain the largest recoverable coal edged in the mainstream reserves on earth—optimally exploiting press, coal remains both the that opportunity will require expan- leading fuel for electricity sion and improvements in the nation’s generation worldwide and shipping and port infrastructure. The Aa key input in the steelmaking pro- potential payoff of such investment is cess. The International Energy Agency significant, as coal exports’ economic reports that coal accounts for almost 40 contributions extend well beyond the percent of electricity generation globally activities at the mine mouth and include and projects that its consumption will employment related to downstream increase for at least the next five years. transportation providers, service com- Global consumption patterns con- panies that prepare and load coal for tinue to shift, however, with Asia now export shipment, and other businesses far and away the region with the greatest that are supported by coal export activ- coal demand and growth prospects. ity. (Please visit NMA’s uscoalexports. While that opens up significant export org for detailed news and information opportunities for U.S. mines—which on U.S. coal exports.) 4 | COAL TRANSPORTER COAL TRANSPORTER | 5 Where is U.S. Coal Exported? Metallurgical Coal Market resulting from industrial slowdowns due to COVID-19. Metallurgical or “met” coal is used to produce coke, which is “Metallurgical coal mines in Appalachia have slowed produc- integral to steelmaking. The steel industry uses coal coke to tion based on reduced demand from global steel produc- smelt iron ore into iron to make steel. -
MSHA's Response to Corona Virus
Issue 2 ▪ 2020 2019 COAL Miner’s MeMORIAL THE MINING INDUSTRy’s RESPONSE TO COVID-19 MSHA’S RESPONSE TO CORONA VIRUS WORLD NEWS: UNLEASHING COAL IN INDIA Find Us on Facebook f coalenergyonline fhttps://www.facebook.com/coalenergyonline table of contents Features: 06 2019 Coal Miner’s Memorial 18 Safety First 2019 Novel Coronavirus 20 The American Mining Industry Responds to COVID-19 Health Crisis Departments: 2019 36 World News: Unleashing Coal in India Coal Miner’s Memorial 6 47 Member Spotlights In every issue: 03 Letter from your Publisher 04 Association Comparisons 25 In the Press 38 Association Members 48 Industry Events 50 Index to Advertisers 50 Upcoming Issue World News: INDIA 36 Published & Produced By: Martonick Publications, Inc. President: Contributing Writers: Maria Martonick Maria Martonick, Jenna Martonick PO Box 244322 Elenor Siebring, Kevin Harrigan Boynton Beach, FL 33424 Vice President: Julie Gates, Michelle Bloodworth Steve Martonick Rich Nolan, Jason Bohrer Toll Free Phone: (866) 387-0967 Jeremy J. Harrison, Shri Pralhad Joshi Toll Free Fax: (866) 458-6557 Managing Editor: A.J. Raleigh Graphic Designer: [email protected] Natalia Filatkina www.martonickpublications.com Research Coordinator: www.coalenergyonline.com Vivian Mofeed The opinions expressed by the authors of the articles contained in Coal Energy are those of the respective authors, and do not necessarily represent the opinion of the publisher. © Copyright 2020 ▌ Feature: COAL ENERGY ▌ 2013 ▪ 2 letter from THE PUBLISHER Dear readers, tions.com with any news that may be considered for publish in following issues. Welcome to Issue 2, 2020 of Coal Energy. Please visit our website, www.coalenergyonline. -
Hot Topics in Coal Company Bankruptcies
Hot Topics in Coal Company Bankruptcies David M. Hillman, Karen S. Park and Lucy F. Kweskin Table of Contents Hot Topics in Coal Company Bankruptcies Legacy Obligations: Union and Retiree Benefits and Obligations Under the Coal Act and Black Lung Act 2 Reclamation Obligations 9 Conclusion 12 Endnotes 13 About SRZ 17 The recent “fracking revolution” has allowed U.S. energy companies to tap into abundant supplies of shale gas.1 Previously thought inaccessible, this form of natural gas has been found throughout the United States in deep underground shale formations.2 The shale gas boom has created a spike in natural gas supplies, causing prices to decline to their lowest level since 1999,3 and this has been cause for concern for coal-based energy producers, as well as their suppliers, as declining natural gas prices have made competing gas-fired plants far more cost- effective alternatives to coal-burning plants.4 Indeed, coal-based electricity Resources LP (2009) and Consol- generation in the United States idated Energy (2007) provide has dipped from half to about only evidence of the rapidly deteriorating one-third since 2007, and profits market for U.S. coal companies. from the nation’s coal-fired power In addition, a 2013 Fitch Ratings plants selling electricity in the report identified several coal mining open market have plummeted from companies as “distressed” and $20 billion in 2008 to $4 billion “near distressed” given their bond in 2011.5 Consequently, plans for spreads over U.S. Treasuries. Fitch more than 150 new coal-fired Ratings -
1 United States District Court Eastern District Of
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION FEDERAL TRADE COMMISSION, ) ) Plaintiff, ) ) v. ) Case No. 4:20-cv-00317-SEP ) PEABODY ENERGY CORPORATION ) ) and ) ) ARCH RESOURCES, INC., ) ) Defendants. ) INTRODUCTION Flipping a light switch is the culmination of a long and convoluted process. The electricity needed to turn on that light—indeed, the electricity needed for any purpose, be it residential, commercial, or industrial—is generated at power plants owned by investor- or publicly-owned utilities and cooperatives, independent power producers, or the government. Joint Stipulation of Uncontested Facts (“JSUF”) (Doc. [301-1]) ¶ 4. Each power plant consists of one or more electricity generating units (“EGUs”). Id. ¶ 5. Each EGU uses one of a wide range of generating technologies to transform the energy in a specific fuel—e.g., uranium, coal, oil, natural gas, sunshine, wind, water—into electricity. Id. ¶ 6. The typical user of electrical power is indifferent to the method used to generate that power; to most of us, a megawatt is a megawatt is a megawatt. Id. ¶ 8. But to energy companies, utilities, policymakers, regulators, and investors (to name just a few), the process by which certain fuels are selected—or not—for 1 use in electricity generation is a matter of momentous consequence. This case is about that process. One of the most important fuels for electricity generation is thermal coal. Though it has steadily ceded ground to natural gas and renewables over the past twenty years, coal still provides 20 percent of our nation’s electricity, and it is projected to remain an important fuel source for decades to come. -
BLBA BULLETIN NO. 16-01 Issue Date
US. DEPARTMENT' OF LABOR Office ofW~rs· Compensation Programs Division of Coal Mine Worl<ers' Compensation Washington, DC 20210 BLBA BULLETIN NO. 16-01 Issue Date: November 12, 2015 Expiration Date: Indefinite Subject: Patriot Coal Corporation Bankruptcy. Background: On May 12, 2015, Patriot Coal Corporation and its subsidiaries filed for bankruptcy protection under Chapter 11. On October 9, 2015, Patriot received approval from the Bankruptcy Court to complete the sale of all its coal-mining operations. Patriot sold those operations to Blackhawk Mining and ERP Compliant Fuel, LLC (an affiliate of the Virginia Conservation Legacy Fund). Neither Blackhawk nor ERP is liable for federal black lung liabilities, except for those miners who continue to work for these companies after the sale. Patriot was authorized to self-insure its federal black lung liabilities as well as the liabilities of its subsidiaries in the States of KY, WV, n.,, IN, MO and PA. Some of Patriot's liabilities, however, are covered by commercial insurance policies. The Division of Coal Mine Workers' Compensation (DCMWC) has been notified that Patriot will no longer administer, defend, or pay claims after October 31, 2015. Applicability: Appropriate DCMWC Personnel Purpose: To provide guidance for district office staff in adjudicating claims in which the miner's last coal mine employment of at least one year was with one of the 50 subsidiary companies that have been affected by the Patriot Coal Corporation bankruptcy. Action: 1. Ensure no interruption of benefits for claims currently in approved/accepted status. For claims in approved/accepted status, claims examiners (CEs) will immediately place these claims into the Federal Black Lung Disability Trust Fund (BLDTF) by completing a Form CM-1261. -
As Filed with the Securities and Exchange Commission on May 5
As filed with the Securities and Exchange Commission on May 5, 2020 UNITED STATES OF AMERICA BEFORE THE SECURITIES AND EXCHANGE COMMISSION FIRST AMENDED AND RESTATED APPLICATION FOR AN ORDER PURSUANT TO SECTION 3(b)(2) OF THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED, DECLARING THAT ARCH COAL, INC. IS PRIMARILY ENGAGED IN A BUSINESS OTHER THAN THAT OF INVESTING, REINVESTING, OWNING, HOLDING, OR TRADING IN SECURITIES In the Matter of ARCH COAL, INC. File No. 812-15085 Please send all communications to: Robert G. Jones, Esq. Arch Coal, Inc. One CityPlace Drive, Suite 300 St. Louis, Missouri 63141 (314) 994-2700 Nabil Sabki, Esq. Latham & Watkins LLP 330 North Wabash Avenue, Suite 2800 Chicago, Illinois 60611 (312) 876-7700 This Application (including Exhibits) consists of 22 pages. 1 UNITED STATES OF AMERICA BEFORE THE SECURITIES AND EXCHANGE COMMISSION In the Matter of FIRST AMENDED AND RESTATED APPLICATION FOR AN ORDER PURSUANT TO SECTION 3(b)(2) OF THE INVESTMENT ARCH COAL, INC. COMPANY ACT OF 1940, AS AMENDED, DECLARING THAT One CityPlace Drive, Suite 300 ARCH COAL, INC. IS PRIMARILY ENGAGED IN A BUSINESS St. Louis, Missouri 63141 OTHER THAN THAT OF INVESTING, REINVESTING, OWNING, HOLDING, OR TRADING IN SECURITIES. File No. 812-15085 I. SUMMARY OF RELIEF REQUESTED Arch Coal, Inc. (“Arch Coal” or the “Company”),1 a Delaware corporation listed on the New York Stock Exchange (NYSE: ARCH) with its principal executive office in St. Louis, Missouri, is one of the world’s largest coal producers. Arch Coal hereby files this amended and restated application (this “Application”) and applies for an order (the “Requested Order”) of the U.S. -
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.