APPALACHIAN HEARTBREAK: Time to End Mountaintop Removal Coal Mining
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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. -
Underground Hard-Rock Mining: Subsidence and Hydrologic Environmental Impacts
Technical Report on Underground Hard-Rock Mining: Subsidence and Hydrologic Environmental Impacts By Steve Blodgett, M.S. and James R. Kuipers, P.E. Center for Science in Public Participation Bozeman, MT February 2002 Abstract: Subsidence and hydrology impacts occur at every underground mining operation bringing about changes to surface landforms, ground water and surface water. Although the same impacts to mining operations, man-made surface structures and other features are relatively well known and studied, the environmental impacts related to subsidence and hydrology at underground mines are not well known and have not been extensively described. This report examines the occurrence and environmental impacts of subsidence and effects on hydrology at underground hard-rock metal mines in the U.S. and abroad. Technical and scientific literature is cited on the cause and effect of underground mining on surface landforms and water resources. Existing laws and recommended regulatory provisions to address these impacts are discussed. Conclusions about subsidence and hydrologic impacts at underground hard-rock metal mines are provided along with recommendations for addressing those impacts. Case studies are provided from copper, molybdenum, silver and other hard-rock mines where significant subsidence and hydrology-related environmental impacts have occurred. The Center for Science in Public Participation (CSP2) is a non-profit organization dedicated to providing professional technical assistance to public interest groups; state, tribal and federal governments; and industry. This report has been published with financial support from various foundations and individuals, and from the Mineral Policy Center and Amigos Bravos. The opinions contained in this study are those of the authors and are based solely upon their own scientific and technical knowledge and expertise. -
Mining's Toxic Legacy
Mining’s Toxic Legacy An Initiative to Address Mining Toxins in the Sierra Nevada Acknowledgements _____________________________ ______________________________________________________________________________________________________________ The Sierra Fund would like to thank Dr. Carrie Monohan, contributing author of this report, and Kyle Leach, lead technical advisor. Thanks as well to Dr. William M. Murphy, Dr. Dave Brown, and Professor Becky Damazo, RN, of California State University, Chico for their research into the human and environmental impacts of mining toxins, and to the graduate students who assisted them: Lowren C. McAmis and Melinda Montano, Gina Grayson, James Guichard, and Yvette Irons. Thanks to Malaika Bishop and Roberto Garcia for their hard work to engage community partners in this effort, and Terry Lowe and Anna Reynolds Trabucco for their editorial expertise. For production of this report we recognize Elizabeth “Izzy” Martin of The Sierra Fund for conceiving of and coordinating the overall Initiative and writing substantial portions of the document, Kerry Morse for editing, and Emily Rivenes for design and formatting. Many others were vital to the development of the report, especially the members of our Gold Ribbon Panel and our Government Science and Policy Advisors. We also thank the Rose Foundation for Communities and the Environment and The Abandoned Mine Alliance who provided funding to pay for a portion of the expenses in printing this report. Special thanks to Rebecca Solnit, whose article “Winged Mercury and -
CORONAQUARRY Surface Mining Permit & Revised Reclamation Plan
CORONAQUARRY Surface Mining Permit & Revised Reclamation Plan City of Corona Permit No. 93-01 State of California Mine ID No. 91-33-0027 Prepared for: 500 North Brand Avenue, Suite 500 Glendale, CA 91203 Prepared by: RGP Planning & Development Services 8921 Research Drive Irvine, CA 92618 Submi ed to: City of Corona Community Development Department 400 South Vicen a Avenue Corona, CA 92882 March 2013 CORONA QUARRY Surface Mining Permit & Revised Reclamation Plan City of Corona Permit 93-01 State of California Mine ID No. 91-33-0027 Prepared For: Vulcan Materials Company, West Region 500 North Brand Avenue, Suite 500 Glendale, CA 91203 (818) 553-8800 Prepared By: RGP Planning & Development Services 8921 Research Drive Irvine, CA 92618 (949) 450-0171 Submitted To: City of Corona Community Development Department 400 S. Vicentia Ave. Corona, CA 92882 (951) 736-2262 March 2013 Table of Contents 1.0 General Project Information ......................................................................................... 6 1.1 Purpose and Scope ............................................................................................................ 6 1.2 Entitlement History ............................................................................................................ 6 1.3 Objectives of Amended Project ......................................................................................... 10 1.4 PCC-Quality Aggregate Regional Needs Assessment ............................................................ 11 1.5 Comparison of 1989 -
Backfilling of Open-Pit Metallic Mines1
BACKFILLING OF OPEN-PIT METALLIC MINES1 Stephen M. Testa,2 and James S. Pompy Abstract: Thirty years ago, the Congress of the United States required that coal mines be backfilled as a routine element of reclamation when it passed the Surface Mining Control and Reclamation Act. Until recently, that concept has not been generally applied to non-coal surface mines. In 2003, California’s State Mining and Geology Board (Board) evaluated reclamation of open pit metallic mines in the state and determined that they were not being reclaimed, despite California’s Surface Mining and Reclamation Act of 1975 (SMARA). As a result, the Board issued regulations for the backfilling of open-pit metallic mines. The need for such regulation reflected several issues. Open-pit metallic mineral mines often create very large excavations. In addition, metallic mineral mines that employ the cyanide heap leach method for mineral segregation and collection frequently generate very large leach piles which create long term soil and groundwater contamination conditions. It is the intent of SMARA that completed mine sites present no additional dangers to the public health and safety, and that the mined lands are returned to an alternate, useful condition. To date, no large, open pit metallic mines in California have been returned to the conditions contemplated by SMARA, and these sites continue to pose significant environmental problems. The goal of the Board’s regulations was to require mining companies to address the problems identified above and to take responsibility for cleaning up their mine sites after the completion of surface mining operations, and return them to a condition that allows alternative uses and avoids environmental harms, thereby meeting the purpose and intent of SMARA. -
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 -
Restoring Streams in an Urbanizing World
Freshwater Biology (2007) 52, 738–751 doi:10.1111/j.1365-2427.2006.01718.x Restoring streams in an urbanizing world EMILY S. BERNHARDT* AND MARGARET A. PALMER† *Department of Biology, Duke University, Durham, NC, U.S.A. †Chesapeake Biological Laboratory, University of Maryland Center for Environmental Science, Solomons, MD, U.S.A. SUMMARY 1. The world’s population is increasingly urban, and streams and rivers, as the low lying points of the landscape, are especially sensitive to and profoundly impacted by the changes associated with urbanization and suburbanization of catchments. 2. River restoration is an increasingly popular management strategy for improving the physical and ecological conditions of degraded urban streams. In urban catchments, management activities as diverse as stormwater management, bank stabilisation, channel reconfiguration and riparian replanting may be described as river restoration projects. 3. Restoration in urban streams is both more expensive and more difficult than restoration in less densely populated catchments. High property values and finely subdivided land and dense human infrastructure (e.g. roads, sewer lines) limit the spatial extent of urban river restoration options, while stormwaters and the associated sediment and pollutant loads may limit the potential for restoration projects to reverse degradation. 4. To be effective, urban stream restoration efforts must be integrated within broader catchment management strategies. A key scientific and management challenge is to establish criteria for determining when the design options for urban river restoration are so constrained that a return towards reference or pre-urbanization conditions is not realistic or feasible and when river restoration presents a viable and effective strategy for improving the ecological condition of these degraded ecosystems. -
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." -
Surface Mining Methods and Equipment - J
CIVIL ENGINEERING – Vol. II - Surface Mining Methods and Equipment - J. Yamatomi and S. Okubo SURFACE MINING METHODS AND EQUIPMENT J. Yamatomi and S. Okubo University of Tokyo, Japan Keywords: Mining method, surface mining, open pit mining, open cast mining, placer mining, solution mining, leaching, stripping ratio, mining machinery, excavation, cutting, grading, loading, ditching Contents 1. Surface Mining Methods 1.1.Classification of Surface Mining Methods 1.2. Open Pit vs. Underground Mining Methods 1.3. Open Pit Mining 1.4. Open Cast Mining 1.5. Placer Mining 1.6 Solution Mining 2. Surface Mining Machinery Glossary Bibliography Biographical Sketches Summary This chapter deals with surface mining. Section 1 presents an overview of surface mining methods and practices as commonly employed in modern surface mining operations. The description includes a comparison of the advantages and disadvantages of surface and underground mining as well as brief explanations of open pit, open cast, placer, and solution mining operations. Section 2 describes surface mining equipment with particular focus on relatively large machines such as bucket wheel excavators, large shovels and draglines. 1. Surface Mining Methods UNESCO – EOLSS After a mineral deposit has been discovered, delineated, and evaluated, the most appropriate mining method is selected based on technical, economic, and environmentally accountable considerations. The first step in selecting the most appropriate miningSAMPLE method is to compare the CHAPTERS economic efficiency of extraction of the deposit by surface and underground mining methods. This section reviews surface mining methods and practices. 1.1. Classification of Surface Mining Methods Extraction of mineral or energy resources by operations exclusively involving personnel working on the surface without provision of manned underground operations is referred to as surface mining. -
1 Manitou Stream
LEAFLET 20 • May 2010 Manitou Stream Photo by Paul Zedler How Best to Manage “UrBan streaM syndroMe” Improving water quality: site with Arboretum staff on 23 April 2010. Accompanying her was another noted Newer, greener approaches stream ecologist, Dr. Bobbi Peckarsky, Across the nation, 37,099 river-restoration projects cost their Emeritus Professor from Cornell U., proponents and taxpayers an average of over $1 billion per now Honorary Fellow in Zoology at year (Bernhardt et al. 2005). Most had the goal of improving UW-Madison. water quality, but only a tiny minority had any monitoring How might Manitou Stream be data to allow comparison of benefits to costs—in either dollars rehabilitated? In North Carolina, or unintended impacts to the environment (ibid.). Among the Bernhardt’s data for engineered most degraded rivers and streams are those that flow through approaches to abating the urban stream urban areas. In Bernhardt’s terminology, urban streams are Dr. Emily Bernhardt solution indicate an average cost of over $1 “disconnected from their floodplains and hyperconnected to their million per project, with minimal benefit watersheds,” through drainage channels and stormwater pipes. (ecosystem services) when they fail to reconnect the stream to its The Arboretum’s Manitou Stream, near the intersection floodplain. Typical projects aim to remove obstructions to flow, of Nakoma Road and Manitou Way, fits this description. grade the banks (which releases sediment during construction), Following are answers to three questions: How would ecologists then stabilize streambeds and banks with riprap and turf restore Manitou Stream; how do engineers propose to control reinforcement matting.