
It is reported that Massey Energy, the fourth largest coal company in the country could have its corporate charter revoked if public interest organizations have their way.
The coalition delivered a petition with 35,000 signatures to the State of Delaware attorney asking him to revoke Massey's corporate charter in the wake of a scathing independent report on the Upper Big Branch mine disaster in West Virginia that killed 29 coal miners on April 5, 2010.
The report, commissioned by then West Virginia Governor Mr Joe Manchin concludes that lax safety standards and a culture of greed rampant throughout the company created a chain of events that caused the disaster. It shows the April 2010 explosion was preventable and was caused by the company pattern of disregarding safety laws and undermining law enforcement.
It says that Massey is responsible for incalculable damage to mountains, streams and air and has created health risks for residents by polluting streams injecting slurry into the ground, failing to control coal waste and dust emissions from processing plants using vast amounts of money to influence the political system and battling government regulation regarding safety in the coal mines and environmental safeguards for communities. Massey has violated the Clean Water Water Act over 60,000 times.
The groups state in their letter to Attorney General Biden that "We respectfully urge you to investigate whether, as seems clear, Massey Energy Company and its subsidiary corporations have forfeited the privilege of their corporate charters."
Following the Upper Big Branch mine disaster, then-West Virginia Governor Mr Joe Manchin appointed an independent investigation panel to determine the cause of the explosion and to find impartial facts that would help prevent similar disasters in the future.
The panel led by former federal Assistant Secretary for Mine Safety and Health, Mr J Davitt McAteer found that Massey repeatedly placed profits ahead of worker safety and compliance with the law and has a long history of criminal and civil violations of law. The groups cite the report as describing a shocking corporate culture of illegality.
Mr Jeff Clements co-founder and general counsel for Free Speech for People said "It is well established that the corporate charter is a privilege, not a right. Delaware, as with other states, reserves the right to revoke or forfeit state corporate charters when they are abused or misused, as in cases of repeated unlawful conduct. The Massey Energy Company presents a classic case of a corporation whose charter should be revoked."
Mr Willa Coffey Mays executive director of Appalachian Voices said "Massey Energy has demonstrated a gross disregard for workers and communities in Central Appalachia by systemically ignoring mine safety regulations as well as basic clean air and clean water laws. Bad actors like Massey should not be afforded the same privileges as businesses that play by the rules."
(Sourced from www.sustainablebusiness.com)










