Unsettled Justice at Upper Big Branch

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The $209 million settlement in fines and restitution in the Upper Big Branch mine disaster should not be considered the end of this tragedy — or the end of the mine owner’s responsibility. The Justice Department must vigorously pursue the criminal investigation of top officials of Massey Energy, the company found grievously at fault.

Massey’s cynical determination to avoid safety compliance and thwart regulators was “systematic, intentional and aggressive,” according to the federal mine safety agency’s final report. It concluded that the 29 miners would not have died if Massey had complied with mining regulations, instead of racking up hundreds of violations that resulted in little beyond slaps on the wrist.

Investigators found Massey’s failure to fix faulty ventilation equipment and neutralize flammable coal dust was a core factor in the explosion that turned miles of tunnels into a deadly inferno. The company brazenly kept two sets of books to mislead investigators and hide half of its safety violations; received tip-offs of impending safety checks; and threatened miners with dismissal if they complained of safety risks.

So far, only the safety director at Upper Big Branch has been convicted of lying to federal prosecutors and destroying records. More than a dozen higher ranking Massey officials have invoked their Fifth Amendment right not to cooperate. Federal officials say they are hindered in building a case by weaknesses in the mining law.

http://www.nytimes.com/2011/12/08/opinion/unsettled-justice-at-upper-big-branch.html?nl=todaysheadlines&emc=tha211