$210M Settlement Reached In W.Va. Mine Explosion

LAWRENCE MESSINA

BEAVER, W.Va. (AP) — Money — even a lot of it — is cold comfort to some relatives of the 29 men who died in the worst mining disaster in decades. They want justice, the kind that comes with a courtroom and a prison cell.

The families listened in shock Tuesday as federal prosecutors announced the biggest settlement in a U.S. coal mining disaster with the new owners of the Upper Big Branch mine. The former owner, Massey Energy, had been accused of putting profits ahead of safety, so Alpha Natural Resources agreed to pay nearly $210 million, with checks of $500,000 headed to the grieving families before Christmas.

Federal regulators explained how the deal wiped the slate clean for some 370 safety violations related to the April 5, 2010, explosion, the worst U.S. mine disaster in four decades. Though the Mine Safety and Health Administration also pledged to review its own handling of the mine, the words failed to placate. No criminal charges were announced.

"It was an act of murder," declared an angry Clay Mullins, whose brother Rex was among those killed. "They murdered 29 men, and I'm not satisfied one bit."

Gene Jones, whose twin brother Dean died in the blast, said MSHA's investigation and the settlement showed the depth of coal operators' callousness.

"These people don't care. They're all wondering who they can pay off," Jones said. "I want to see people go to jail because this was preventable."

Federal regulators agreed in their final report, saying the explosion was the result of a series of basic safety violations and entirely preventable.

MSHA said the root cause was Massey's "systematic, intentional and aggressive efforts" to conceal life-threatening problems, noting managers went so far as to maintain two sets of pre-shift inspection books — an accurate one for itself, and a fake one for regulators. They also habitually warned miners underground when an inspector arrived on site, trying to give crews time to make the mine appear safe.