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Massey Energy

 
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Massey Energy Company

Type: Public Company
Address: 4 North 4th Street, Richmond, Virginia 23219, U.S.A.
Telephone: (804) 788-1800
Fax: (804) 788-1870
Web: http://www.masseyenergyco.com
Employees: 4,552
Sales: $1.63 billion (2002)
Stock Exchanges: New York
Ticker Symbol: MEE
Incorporated: 1924 as Fluor Construction Co.
NAIC: 212112 Bituminous Coal Underground Mining

Richmond, Virginia-based Massey Energy Company is one of the top coal miners in the United States. In terms of revenues it ranks as the fifth largest coal company in the country. From 19 mining complexes located in the central Appalachian region of Virginia, West Virginia, and Kentucky, Massey produces more than 40 million tons of coal each year. It serves more than 125 utility, industrial, and metallurgical customers around the world. Massey has a history of violent labor clashes and regulatory violations, and in 2002 many of its executives faced questions about insider stock trading.

The founding father of Massey Energy was A.T. Massey, who in 1916 began a career as a coal broker in Richmond, Virginia. In 1920 he incorporated A.T. Massey Coal Company, Inc. (ATM) and became its first president. Sons Evan and William took over the business in 1945, with Evan succeeding his father as president of the company. It was Evan's son, E. Morgan Massey, who after graduating from the University of Virginia would be instrumental in shifting the emphasis from selling coal to mining it. According to company documents, ATM acquired its first mining operation in 1945, when Morgan was still a college student. According to the Cincinnati Enquirer, ATM acquired its first mine in West Virginia in 1949. A 1985 Business Week profile of Massey maintains that after he graduated from college and joined the family business he "asserted his independence by pushing to move the brokerage company into the profitable but troublesome mining business. Massey's first move--a $10,000 investment in a coal venture--had to be made without his father's knowledge. And when he finally was permitted to take the company into mining, Massey was allowed to use only the profits from his own operations to expand." Despite these difficult ground rules he was able to succeed, leading to the transformation of ATM into a mining company. It was also while Massey was managing his first mining venture that he developed an antipathy for unions. According to Business Week, "The young manager daily shoveled coal alongside his 15 workers; when the union arrived to organize the fledgling West Virginia operation, he joined up. But six months later, Massey recalls, a UMW [United Mine Workers] official told him 'management can't be a member of the union.'"

Morgan Massey's uncle became president of ATM in 1962, as the company continued to expand its mining interests. The Peerless Eagle Coal Company was acquired in 1965, and the Martin County Coal Corporation was established in 1969. Another subsidiary, Omar Mining Company, launched in the 1950s, expanded its operations from Logan County, West Virginia, to Boone County, West Virginia. In 1972, Morgan Massey, now 46 years old, took over as president of ATM. Two years later Massey, along with his brother and uncle, sold ATM to St. Joe Minerals Corp. for 14 percent of St. Joe stock, valued at approximately $56 million.

Massey stayed on as president to run ATM for St. Joe. Due to the oil crisis of the 1970s the importance of coal in meeting the country's energy needs increased, as did the value of ATM. Companies like ATM were optimistic about the future and began to expand mining capacity and their holdings in the coal industry. In 1974 ATM bought Rawl Sales & Processing Co. It acquired the Tennessee Consolidated Coal Company in 1976. ATM launched two businesses in 1978: Massey Coal Services and Elk Run Coal Company.

St. Joe in 1980 sold half of ATM to an oil company, Royal Dutch/Shell Group, resulting in a new entity: Massey Coal Partnership. A year later this arrangement changed when Los Angeles-based Fluor Corporation bought St. Joe, taking over its interest in ATM at a time when the price of commodities, such as coal, gold, and lead were soaring. Fluor, a major construction and engineering firm, bought St. Joe as a way to shelter it from the cyclical nature of its core business. It turned out to be a poor bet because commodity prices plunged, so that in the mid-1980s Fluor shed St. Joe's gold and lead assets. It retained ATM, however, and in 1987 bought out Shell, making ATM a wholly owned Fluor subsidiary.

During the mid-1980s the coal industry suffered from problems of excess supply, the result of overexpansion in the late 1970s and early 1980s. Because coal prices fell or remained flat, coal companies had to find ways to cut costs in order to counterbalance inflation and maintain profits. ATM made use of contract mines. Although the company directly mined the richest coal seams, it contracted out the less desirable deposits to contractors in order to squeeze what they could out of the properties. Moreover, small operators could fly under the radar screen of both regulators and the union. As explained by ATM CEO and Chairman Don Blankenship in a 2002 interview: "The general view was that small contractors could pay less because the union wouldn't focus on them. They could get by with more because the regulators wouldn't hold them to the same standards. And that was the way it was, and that was the way companies survived, particularly in the 1980s."

Another important way to contain costs was to cut back on labor costs. In the mid-1980s ATM became involved in one of the most bitter labor disputes in decades when Massey faced off against the United Mine Workers (UMW). It was Blankenship who in 1984 urged Massey to take on the UMW, which was looking to negotiate one contract that would cover all of ATM's 120 mines and subsidiaries. Blankenship and Massey wanted each mine to negotiate an individual contract, arguing that each mine was a separate profit center and operated under different conditions. For the UMW the confrontation with ATM took on greater importance because its leaders felt the need to demonstrate that the union was still a powerful force. Moreover, its fight with ATM became something of a proxy for labor in general. But there was no doubt that the UMW was not the all-powerful organization it once was. It represented about 160,000 working miners in 1978, but that number fell to 110,000 by 1985. Part of the reason the UMW was losing strength was simply because the coal industry was moving to the west where companies could engage in cheaper surface mining, and where UMW was little represented. Because UMW mines now contributed less than 40 percent of all coal products, the union simply lacked the same economic clout should it choose to launch a massive strike. Instead, the UMW decided to strike selected mines in order to gain a uniform contract.

The ATM asset the UMW singled out for a strike beginning in the autumn of 1984 was the operation run by Blankenship: Rawls Sales & Processing Co. The mine was located in the Tug Fork Valley section of West Virginia, near the Kentucky border, where the legendary "Matewan massacre" took place some 65 years earlier, which cost nine people their lives as area miners attempted to unionize. This contemporary labor fight pitted 1,500 UMW members against ATM, and like its predecessor it became violent and drawn out. In August 1985 Time magazine set the scene: "Violence has become almost monotonous. In the latest incident, a midnight explosion last week rocked the three-story brick district headquarters of the U.M.W. in Pikeville, Ky., incidentally shattering a huge portrait of the late union leader John L. Lewis that hung on the wall. The strike had produced one death, hundreds of injuries and more than a thousand episodes of rock throwing, smashed windshields and punctured tires. Gunfire has been commonplace. Snipers killed a nonunion coal-truck driver, Hayes West, 35, in a convoy crossing Coeburn Mountain in late May. Gunfire wounded miner Judy Mullins, 40, in the hand in July while she was picketing in Canada, Ky." On a single day 11 bullets were fired into Blankenship's office. One smashed through a television, which became a memento for him of this turbulent period. The strike lasted for 15 months before the UMW called it off, agreeing to negotiate separate contracts with ATM's 17 major subsidiaries.

While many rival coal companies abandoned the central Appalachian area, ATM, starting in 1988, began to snap up reserves at reasonable prices. In particular, ATM bolstered its supply of metallurgical coal, which was a high-quality product suitable for steelmaking. Because an influx of cheap foreign steel crippled American steel companies, many coal companies dropped out of the metallurgical coal business, leaving ATM to pick up reserves at discount prices. The decision worked out so well for ATM that it was soon producing over a third of Fluor's operating profit despite generating just 10 percent of its revenues.

After running two more of ATM's mining operations since his strike-breaking days at Rawls Sales, Blankenship became ATM's president in July 1990. The son of a grocer, he was raised in the coalfields of West Virginia and worked in the coal mines during college breaks. Massey now assumed the newly created posts of chairman and chief executive officer. These management changes came at a time when Fluor had retained Shearson Lehman Hutton Inc. to evaluate what it should do with its coal assets, and made it clear that it might opt to sell ATM. In the end, Fluor held on to ATM, as Blankenship took over the running of the company. He was especially interested in new federal clean air requirements, which he believed would bode well for low-sulfur coal producers such as ATM. As a consequence, he was responsible for ATM continuing to buy up reserves during the rest of the 1990s. He became ATM's chair and CEO in 1992, following Massey's retirement. His bet on low-sulfur coal paid off, as demand rose and with it ATM's profits, making the company one of Fluor's crown jewels by 1997 when the engineering and construction side of the business suffered through difficult times. It was also during this period that Fluor began to search for a new chief executive and Blankenship was regarded as one of the leading candidates.

Blankenship lost out on the top slot at Fluor, but then Fluor's board decided in 2000 to split the company into two publicly traded companies, one composed of the engineering and construction assets and the other ATM, which by now was beginning to struggle. The deal was structured as a reverse spinoff, so that the construction business became a new public company while the old Fluor Corporation retained the coal operations and subsequently changed its name to Massey Energy Company. The company had $2 billion in assets and was left with some $500 million in debt.

While Massey Energy was being formed in 2000, it suffered a public relations hit when in October 2000 a wastewater reservoir collapsed above an abandoned mine and sent 230 million gallons of black sludge coursing through a tributary of the Big Sandy River. The Exxon Valdez crude oil spill, by way of comparison, leaked just 5 percent of that amount. Fish and plants were killed a full 36 miles downstream of the reservoir and the water supply of several towns was shut down for weeks. ATM ultimately paid $40 million in clean-up costs. While management maintained that the spill was an "act of God," Kentucky's Mine Safety and Health Administration as well as its Office of Surface Mining concluded that the barrier between the mine and the river was simply too thin. To make matters worse, several months later, in June 2001, a pump in another ATM mine developed a leak and before it was shut down it allowed 30,000 gallons of sludge to pour into a nearby stream. ATM failed to report the incident to authorities, who only learned of the matter when citizens called to complain that Robinson Creek had turned black. Other illegal discharges followed. According to a 2003 Forbes article, "Over the two years through 2001 Massey was cited by West Virginia officials for violating regulations 501 times. ... These regulations can grow teeth. Regulators, citing a pattern of violations, have been slapping Massey with 'show cause' orders. They will suspend, even permanently revoke, permits to mine or process or store coal if the company doesn't show it has mended its ways. If a permit is revoked, it could prove a 'death sentence,' in the words of one Massey lawyer, because that would make it difficult for other permits to be issued or an old one renewed. A company spokesperson says that that is an 'unlikely' scenario because it would be 'suicide' for the state."

Massey Energy faced other challenges as it became an independent company. According to Forbes, "In the winter of 2000-01 electricity demand rose and the spot price for central Appalachian coal jumped from $24 a ton to $48 a ton. Mining companies began digging furiously, hiring more workers and pushing up wages. Blankenship refused to match the increase. Miners quit in droves. The timing was awful. Blankenship had planned to increase Massey coal production for the coming year from 44 million tons to 56 million tons and so needed to add staff. He had to turn to people with little experience. By the end of 2001 half of his 5,000-person staff were new hires." As a result, productivity fell, as did operating margins.

Massey Energy endured bad news on a number of fronts in 2002 and 2003. It was found by a jury to have defrauded another coal company, Harman Mining Co., and was hit with a $50 million verdict. Blankenship and ten other current or former company officers and Massey Energy were sued by disgruntled shareholders who maintained that insiders sold shares shortly before the price of the stock dropped from $22 to $12 per share. Early in 2003 Massey lost $10 million in an arbitrated case with Duke Energy over a coal supply contract, then a few days later announced that its corporate financial filings were being reviewed by the Securities and Exchange Commission. In April 2003 the company agreed to make changes to its 2001 and 2002 filings, but according to Blankenship the impact on shareholders was minor. Instead of a loss of $30 million in fiscal 2002, it now recorded a loss of $32.6 million. Nevertheless, the news did little to improve the public image of Massey Energy.

Principal Subsidiaries

A.T. Massey Coal Company, Inc.; Massey Coal Sales Company; Massey Coal Export, Ltd.; Massey Coal Services, Inc.; Massey Consulting Services, Inc.

Principal Competitors

Arch Coal, Inc.; CONSOL Energy Inc.; Peabody Energy Corporation; Alliance Resource Partners, L.P.; NACCO Industries, Inc.; Horizon Natural Resources Company.

Further Reading

Boyer, Mike, "Massey Coal Has Had Tumultuous Past," Cincinnati Enquirer, October 22, 2000.

Condon, Bernard, "Not King Coal," Forbes, May 26, 2003, May 26, 2003, pp. 80-82.

Lubove, Seth H., "Massey Coal Strike Is Testing UMW Strategy," Wall Street Journal, June 3, 1985, p. 1.

Miles, Gregory, and Cynthia Green, "The Coalfield Heavyweight Who's Going the Distance," Business Week, October 21, 1985, p. 123.

Rundle, Rhonda L., "Fluor Board Clears Plan to Split Firm into Two Concerns," Wall Street Journal, June 8, 2000, p. A3.

Trippett, Frank, "Violence in the Coalfields," Time, August 26, 1985, p. 17.

— Ed Dinger


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Massey Energy

Top
Massey Energy
Type Public
Traded as NYSEMEE
Industry Coal
Founded 1920 (Richmond, Virginia)
Headquarters Richmond, VA
Key people Don Blankenship, Chairman & CEO
Baxter Phillips, President
Christopher Adkins, SVP & COO
John Poma, VP & CAO
Shane Harvey, VP & General Counsel
Revenue $2.69 billion (12-31-09)[1]
Net income $104.4 million (12-31-09)[2]
Employees approx. 5,850[3]
Parent Alpha Natural Resources
Website www.masseyenergyco.com

Massey Energy Company (NYSEMEE) was a coal extractor in the United States with substantial operations in West Virginia, Kentucky and Virginia. By revenue, it was the fourth largest producer of coal in the United States and the largest coal producer in Central Appalachia.[4] By coal production weight, it was the sixth largest producer of coal in the United States.[5]

Massey's mines yielded around 40 million tons annually. The company controlled 2.3 billion tons of proven and probable coal reserves in Southern West Virginia, Eastern Kentucky, Southwest Virginia and Tennessee or about a third of all Central Appalachian reserves.[6] It employed approximately 5,850 people[7] and operated 35 underground mines and 12 surface mines.[8]

In January 2011, it was announced that Massey Energy company would be bought by competitor Alpha Natural Resources for $7.1 billion.[9] More than 99% of Massey shareholders and 98% of Alpha shareholders voted in favor of the acquisition and courts in Delaware and West Virginia[10] refused to block the shareholders' vote.

Massey Energy owned and operated Upper Big Branch Mine where 29 miners were killed in April 2010. The Mine Safety and Health Administration found that the company's culture of favoring production over safety contributed to flagrant safety violations that caused the coal dust explosion. It assessed $10.8 million in fines for 369 citations and orders, the largest for any mine disaster in U.S. history. Alpha Natural Resources additionally settled Massey's potential criminal liabilities for $209 million.[11][12][13]

Contents

History

A.T. Massey incorporated the A.T. Massey Coal Company in 1920 as a coal brokering business in Richmond, Va., and served as the company’s first president. A.T. Massey acquired its first mining operation in 1945 and expanded its business to include coal mining and processing. Several members of the Massey family succeeded A.T. Massey as company president, including Evan Massey in 1945, William E. Massey in 1962 and E. Morgan Massey in 1972.[14]

St. Joe Minerals acquired a majority interest in A.T. Massey in 1974. Six years later, St. Joe Minerals formed the Massey Coal Partnership, along with Royal Dutch Shell.[15] In 1981, the Fluor Corporation acquired St. Joe Minerals.[16] In 1984, the United Mine Workers of America went on strike against A.T. Massey, sparking a series of confrontations documented in the film Mine War on Blackberry Creek and in 1987, the Massey Coal Partnership was reorganized into A.T. Massey Coal Company, a wholly owned mining subsidiary of Fluor Corporation, initiating a period of significant growth through acquisitions.

In 1992 Don Blankenship was appointed President, Chairman and CEO of A.T. Massey Coal Company; he served as the Chairman and CEO of Massey for 18 years. Under Blankenship's direction and leadership, the growth of the late-80s continued and accelerated with several more acquisitions taking place and the establishment of a number of subsidiaries.[17]

A.T. Massey completed a reverse spin-off from Fluor Corporation in 2000 and was renamed Massey Energy Company.[18] Today, Massey Energy produces, processes, and sells bituminous coal of steam and metallurgical grades, primarily of low sulfur content, through its 22 processing and shipping centers, called "resource groups," many of which receive coal from multiple coal mines.[19]

Massey currently operates 35 underground mines and 12 surface mines in West Virginia, Kentucky and Virginia. In 2007, Massey announced a strategic alliance with Essar Mineral Resources Ltd., a member of Essar Group of India, to jointly evaluate and develop select business opportunities on a project-by-project basis.[20]

The company recently promoted several executives to new positions. In November 2008, Massey promoted Baxter Phillips Jr., formerly executive vice president and chief administrative officer, to president, a position previously held by Massey Chairman and CEO Don Blankenship.[21] Phillips’ new position will focus on Massey Energy's strategic growth plans and will continue to manage sales, finance, human resources, information systems and investor relations at the company's Richmond headquarters.[22]

In January 2009, the company promoted John M. Poma to vice president and chief administrative officer, Jeffrey M. Gillenwater to vice president of human resources[23] and Steve Sears to vice president of sales and marketing,[24] nearly a year after promoting Shane Harvey to general counsel.[25]

On Dec. 31, 2010, longtime CEO Don Blankenship stepped down, and was replaced as CEO by Massey President Baxter F. Phillips Jr.[26]

An aggressive proponent of mountaintop removal mining (stripmining or surface mining), Massey Energy's record on safety and following environmental protocols were also called into question when in October 2000 a containment area for the liquid by-product failed at a Massey impoundment in eastern Kentucky, releasing a 300-million gallon spill of toxic sludge, making the Martin County spill "the worst environmental disaster in the United States east of the Mississippi."[27]

Upper Big Branch mine disaster

On April 5, 2010, an explosion at Massey owned Performance Coal Co. mine in Montcoal, West Virginia resulted in the deaths of 29 miners. The explosion, which has become known as the Upper Big Branch Mine disaster, is the worst mining disaster in 40 years, with a greater loss of life than in any mining accident since the 1970s. Mine safety investigators are still searching for an exact cause, though the methane explosion, largely preventable by proper ventilation, is being closely examined. Investigators are also reviewing the historical record of safety violations at the Upper Big Branch mine, which amassed more than 1,100 violations in the past three years, many of them serious, including 50 of them in March 2010 for violations including improper ventilation of methane and poor escape routes. Federal regulators had ordered portions of the mine closed 60 times over the year preceding the explosion.[28] In addition, the FBI has reportedly also launched a probe, investigating possible criminal wrongdoing at the mine, including criminal negligence and possible bribery of federal regulators.[29] Questions about Massey Energy's mining safety practices, along with questions about CEO Don Blankenship's excessive spending on court appointment campaigns, are coming from the public, the Dept of Labor, and President Obama.

Sale of Massey to Alpha

On June 1, shareholders of Alpha Natural Resources agreed to buy Massey Energy for $7.1 billion, making it the nation's largest metallurgical coal company. Some shareholder groups had tried to block the sale claiming that Massey managers had engineered the sale of the company to protect themselves from liabilities and had arranged new management jobs with Alpha.[30]

Board of directors

In response to a prolonged citizen campaign on the environment, on May 29, 2009 Ohio State University President E. Gordon Gee announced his resignation from the Board of Massey Energy.[31] Gee had said he believed he could do more environmental good on the board than off it.[32]

Location

There are 23 coal mining sites run by Massey Energy. There are sixteen sites located in West Virginia, five in Kentucky, and one in Virginia. Locations in West Virginia: Delbarton, Elk Run, Greun Valley, Guyandotte, Independece, Logan, County, Mammoth, Marfork, Nicholas Energy, Progress Energy, Rawl, Republic Energy, and Stirrat. Locations in Kentucky: Long Fork, Martin County, New Ridge, and Sidney. Locations in Virginia: Knox Creek.[33]


Competitors

Top Massey Energy competitors are:[34]

Controversy

Court rulings

In 2005, Wheeling, W.Va.-based steelmaker Wheeling-Pittsburgh Steel sued Massey Energy claiming Massey failed to deliver on a contract of 104,000 tons of coal monthly. In July 2007, a Circuit Court in Brooke County, W.Va. upheld the jury award of more than $267 million, including accrued interest. Massey appealed the case to the US Supreme Court, which declined to hear the appeal in December 2008.[35]

In November 2008, the Supreme Court agreed to hear the appeal of a $77 million case against Massey brought by Harman Mining. The suit alleges contract interference by Massey drove Harman out of business.[36] Wal-Mart, PepsiCo, Intel Corporation, Lockheed Martin, Common Cause and Public Citizen filed briefs in the case urging the Supreme Court to throw out the West Virginia Supreme Court decision in favor of Massey. The corporations contended that Justice Brent Benjamin was biased in the case. On June 8, 2009, The US Supreme Court agreed 5-4, sending the case back to the West Virginia Supreme Court,[37] and forcing Justice Benjamin to recuse himself from the case. The New York Times opined that the case involved "egregious ethical myopia" on the part of Justice Benjamin.[38]

Lawsuits

In 2005, some residents of Raleigh County, West Virginia, complained that Massey's Goals Coal Company was endangering the health and well-being of students at the adjacent Marsh Fork Elementary School. In July 2005, the West Virginia Division of Environmental Protection revoked a permit for construction of a coal silo near the school. However, some local employees and residents support Massey Energy by arguing that the economic benefits received from the company outweigh the environmental impact to the area. At a protest against the coal silo on June 23, 2009, anti-mountaintop removal activist.[39] 30 non-violent protestors were arrested, including actress Daryl Hannah, NASA climatologist James E. Hansen, and former West Virginia Congressman Ken Hechler. In June 2009, the West Virginia Supreme Court concluded that the Massey was allowed to build their second silo; "We therefore find that the circuit court did not err, and properly affirmed the decision of the West Virginia Surface Mine Board."[40]

In February 2003 a judge ordered Massey to pay the residents of Sylvester, West Virginia $473,000 to settle complaints that coal dust from Massey's Elk Run Processing Plant had caused health problems and lowered property values in the nearby town.[41] The judge also ordered Massey to construct a cloth dome over their facility to reduce the dust.[42]

On September 16, 2004, a civil jury ordered Massey to pay $1.54 million in damages to 245 residents of Mingo County, W. Va., who lost their water wells after Massey had mined beneath the homes. The jury concluded that Massey acted “with malicious, willful, wanton, reckless or intentional disregard for plaintiffs’ rights.”[43]

In December 2008 residents of Prenter, West Virginia filed a lawsuit claiming that underground slurry injection from a Massey coal facility and other coal preparation plants contaminated their underground water supply.[44]

Environmental record

In early 2008, the company agreed to a $20 million settlement with the U.S. Environmental Protection Agency (EPA) to resolve thousands of violations of the Clean Water Act for routinely polluting waterways in Kentucky and West Virginia with coal slurry and wastewater. Although this was the largest Clean Water Act settlement, the violations were estimated to have fines on the order of $2.4 billion.[45] Over 700 miles of rivers and streams in the coalfields have been buried by the waste rock left over from mountaintop removal, a method of strip mining coal which requires the blowing up of mountain tops, removing from 500 to 800 feet (240 m) of mountaintop in the process. This method of coal mining has created some of the worst environmental disasters in the Mississippi area in regards to the poisoning of waterways, the flooding of local communities, and the destruction of the biodiversity of the Appalachian Mountains in West Virginia, Virginia, Kentucky, and Tennessee.

In October 2000, a Massey Energy subsidiary in Martin County, Kentucky accidentally released 306 million gallons of coal slurry waste from an impoundment into two mountain streams, Coldwater Creek and Wolf Creek (see photo right). The Martin County sludge spill was called the worst ever environmental disaster in the southeastern United States by the EPA. The spill smothered all aquatic life in the streams and left residents with contaminated drinking water. Cleanup costs for the spill were approximately $50 million.

Wolf Creek, October 22, 2000

Mine safety

On January 19, 2006 a belt line fire killed miners Don I. Bragg, 33, and Ellery Elvis Hatfield, 47, at Massey's Aracoma Alma Number 1 Mine in Logan County, West Virginia. Efforts to fight the fire were hampered by inadequate fire extinguishers, fire hose couplings which did not match the water line, and a lack of water in the lines.[46] On December 22, 2008 Massey Energy agreed to pay $4.2 million in civil and criminal penalties for the accident.[47] It is the largest financial settlement in the coal industry's history.[48] The Charleston (WV) Gazette reported on January 15, 2009 that Aracoma widows Delorice Bragg and Freda Hatfield urged U.S. District Judge John T. Copenhaver to reject Massey's plea bargain and fine for the accident.[49] Widow Bragg stated that it was clear "that Massey executives expected the Alma Mine to emphasize production over the safety of the coal miners inside."

On February 1, 2006, bulldozer operator Paul K. Moss, 58, of Sissonville, West Virginia died when his machine ruptured a 16-inch (410 mm) natural gas line at Elk Run Coal Co.'s Black Castle surface mine.[50] The bulldozer was immediately engulfed in flames. According to the Mine Safety and Health Administration report, operator Moss exited the cab but his body was found behind the blade. Massey Energy was fined $2.5 million after a federal judge accepted the company's guilty plea to 10 criminal charges for the fire. A U.S. District approved a plea deal despite a provision sparing Massey officials and the Richmond, Va., coal company from prosecution. The agreement also required Aracoma to pay a $1.7 million fine for civil violations found by the federal Mine Safety and Health Administration.[51]

On October 8, 2008 Steven Cain, 32, of Comfort, West Virginia was killed at Massey Energy's Independence Coal Justice No. 1 Mine when he was crushed by a railcar. A Mine Safety and Health Administration report[52] concludes Cain was killed because Massey managers assigned him a dangerous job, although he had “little mining experience and minimal training.”[53]

In 2009, the federal Mine Safety and Health Administration cited Massey Energy's Upper Big Branch coal mine for 495 violations and proposed $911,802 in fines.[54]

On April 5, 2010, 29 miners were killed in a mine explosion at the Massey Energy's Upper Big Branch mine at Montcoal, West Virginia. Safety officials claimed that the mine had previous violations for not properly ventilating methane gas. In the previous year, federal inspectors had fined the company more than $382,000 for violations involving ventilation and equipment at the plant.[55] This explosion and subsequent deaths was the worst US mine disaster in 40 years.

Age discrimination

On Oct 30, 2009, Fayette County West Virginia Judge Paul Blake ruled in an age discrimination lawsuit that more than 200 miners who were not rehired after Massey Energy Co. bought a bankrupt West Virginia mine were entitled to a settlement of $8.75 million. The suit covers 229 miners, including 82 union miners. Massey has been ordered to rehire the miners. Under the terms of the settlement, the 82 union miners will each receive $38,000. The remaining miners will receive $19,000.[56]

EPA complaint

In January 2008, the United States Department of Justice ordered Massey to pay fines totaling $30 million as part of an agreement resulting from a May 2007 complaint filed by the U.S. Environmental Protection Agency.[57]

Protests

In 2009, there have been fourteen trespassing incidents at Massey mines in West Virginia in connection with mountaintop removal. Protests have involved activists going onto mine sites, chaining themselves to heavy equipment, blocking roads, occupying three trees to stop blasting, and putting up large banners. In June 2009, a Raleigh County judge granted a preliminary injunction to block anti-mountaintop removal activists from further peaceful protests on some Massey Energy sites.[58][59]

Community service

Among Massey Energy’s contributions to the community are an annual Christmas Extravaganza for local children,[60] financial assistance to local schools,[61] and $1 million in college and post-graduate scholarships.[62] Massey co-sponsors the Appalachian Leadership and Education Foundation (ALEF)[63] and in 1997 formed Doctors for our Communities with Marshall University, providing MD student loans that are waived if the recipient practices medicine for a minimum of seven years in Massey’s operating region.[64] The Massey Cancer Center of Virginia Commonwealth University is named in honor of William E. Massey for his financial endowment.[65]

In 2005 Massey established the Family Wellness Center that offers medical services to employee’s families in McDowell and Logan county in West Virginia, who often lack access to primary care physicians and health care facilities.[66] A Harvard study found that these counties, perhaps due to the nature of mining operations, rank among the 25 worst countywide life expectancy averages in the United States.[67]

Since 2008, an overview of Massey’s community services is given in an annual “Corporate Social Responsibility Report”.[68]

See also

References

  1. ^ name="yahoo1">"MEE: Income Statement for Massey Energy Company Common St - Yahoo! Finance". Finance.yahoo.com. http://finance.yahoo.com/q/is?s=MEE&annual. Retrieved 2010-04-06. 
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  4. ^ "masseyenergyco.com". Massey Energy. http://www.masseyenergyco.com/about/index.shtml. Retrieved May 22, 2010. 
  5. ^ http://www.eia.doe.gov/cneaf/coal/page/acr/table10.html
  6. ^ "Massey Energy Adds High Quality Central Appalachia Coal Reserves". Istockanalyst.com. http://www.istockanalyst.com/article/viewiStockNews/articleid/2806527. Retrieved 2010-04-06. 
  7. ^ name="finance.yahoo.com"
  8. ^ "Massey Energy Company - About Us". http://www.masseyenergyco.com/about/history.shtml. Retrieved 2010-07-12. 
  9. ^ "Alpha agrees to buy Massey Energy for about $7.1 billion". Reuters. 2011-01-30. http://www.reuters.com/article/2011/01/30/us-alpha-massey-idUSTRE70S0PC20110130. 
  10. ^ Supreme Court refuses to block Alpha-Massey deal, Charleston Gazette, May 31, 2011
  11. ^ Maher, Kris (December 6, 2011). "Feds Blame Owner of West Virginia Mine". Wall Street Journal. http://online.wsj.com/article/SB10001424052970204770404577082341518182150.html. Retrieved December 6, 2011. 
  12. ^ "US Labor Department's MSHA cites corporate culture as root cause of Upper Big Branch Mine disaster: Massey issued 369 citations and orders with $10.8 million in civil penalties" (Press release). Mine Safety and Health Administration. December 6, 2011. http://www.msha.gov/MEDIA/PRESS/2011/NR111206.asp. Retrieved December 6, 2011. 
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