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Introduction

Published online by Cambridge University Press:  05 December 2014

Rena Steinzor
Affiliation:
University of Maryland, Baltimore
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Summary

On April 5, 2010, an enormous explosion tore through Massey Energy’s Upper Big Branch mine in Montcoal, West Virginia, propelling flames at a speed of one thousand feet per second in all directions from the point of ignition as far as two miles underground. Twenty-nine men were killed instantly in the worst mine disaster in four decades. Numerous blatant and well-known violations of mine safety laws caused the explosion, from the chronic buildup of highly combustible methane to the malfunctioning equipment that produced the igniting spark. In the weeks leading up to the accident, Mine Safety and Health Administration (MSHA) officials had ordered the evacuation of Upper Big Branch on three separate occasions because excessive methane made the mine too dangerous to work. Despite these efforts to nudge Massey back into line with safety requirements, 13,000 citations for illegal conduct throughout the industry were pending before MSHA at the time, including several hundred involving the Upper Big Branch mine, because the agency was paralyzed by its own dysfunctional system for enforcing these requirements.

To his great credit, Booth Goodwin, West Virginia’s top federal prosecutor, filed criminal charges against four Massey employees, including three relatively low-level supervisors and the senior manager of the subsidiary responsible for the Upper Big Branch mine. The senior manager, David C. Hughart, is cooperating with Goodwin, and hopeful rumors circulate in neighboring communities that Don Blankenship, Massey’s notorious chief executive officer, is the ultimate target of the investigation. If Blankenship is indicted and either pleads guilty or is tried, the case will be the first in decades to travel up the chain of command to the person who was ultimately responsible for the catastrophe.

Type
Chapter
Information
Why Not Jail?
Industrial Catastrophes, Corporate Malfeasance, and Government Inaction
, pp. 1 - 10
Publisher: Cambridge University Press
Print publication year: 2014

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References

Reece, Erik, The End of Illth: In Search of an Economy That Won’t Kill Us, Harper’s Mag., Oct. 4, 2013, available at Google Scholar
Urbina, Ian & Cooper, Michael, Deaths at West Virginia Mine Raise Issues About Safety, N.Y. Times, Apr. 6, 2010, Google Scholar
Jabaji, Rawan, The Upper Big Branch Explosion: One Year Later, The Daily Need (Apr. 5, 2011), .Google Scholar
Ward, Jr. Ken, Former Massey Official Sentenced to 42 Months in Prison, Charleston Gazette, Sept. 10, 2013, Google Scholar
Oversight of the U.S. Department of Justice: Hearing Before the S. Comm. on the Judiciary, 113th Cong. (Mar. 6, 2013)
Taibbi, Matt, Why Isn’t Wall Street in Jail?, Rolling Stone, Feb. 16, 2011, Google Scholar
Gongkoff, Mark, Eric Holder: Actually, I Meant to Say No Banks Are Too Big to Jail, Huffington Post, May 15, 2013, Google Scholar
Beale, Sara Sun, Is Corporate Criminal Liability Unique?, 44 Am. Crim. L. Rev.1503 (2007)Google Scholar
Holder, Att’y Gen. Eric, Remarks at the Annual Meeting of the American Bar Association’s House of Delegates, San Francisco, CA (Aug. 12, 2013), transcript available at
Public Trust in Government: 1958–2013, Pew Research Center for the People and the Press (Oct. 18, 2013),
State Governments Viewed Favorably as Federal Government Hits New Low, Pew Research Center for the People and the Press (Apr. 15, 2013),

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  • Introduction
  • Rena Steinzor, University of Maryland, Baltimore
  • Book: Why Not Jail?
  • Online publication: 05 December 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107282087.001
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  • Introduction
  • Rena Steinzor, University of Maryland, Baltimore
  • Book: Why Not Jail?
  • Online publication: 05 December 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107282087.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Rena Steinzor, University of Maryland, Baltimore
  • Book: Why Not Jail?
  • Online publication: 05 December 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107282087.001
Available formats
×