The U.S. Attorney, U.S. Department of Justice and Alpha Natural Resources have been summoned in a case calling to amend or set aside a non-prosecution agreement reached between the parties in the wake of the Upper Big Branch mine explosion.
The explosion killed 29 men in Raleigh County, and subsequent investigations has suggested the deaths may have been preventable. The petitioners in the latest lawsuit say the U.S. attorney is doing "an exemplary job" prosecuting those responsible, but the "goal of the non-prosecution agreement" is not being realized due to Alpha and Massey not being "forthright and truthful" in providing complete information.
The 16 petitioners are all people who were in the mine during the explosion. According to the complaint, they feel they are entitled to the same criminal restitution that Alpha and Massey paid out to nine miners in the same mantrips they were in during the explosion, "some of which suffered less significant injuries" than the petitioners.
"Alpha and Massey know that some or all of the victims listed herein are totally disabled and without financial support and/or have been forced to return to the mines to support their families, which has caused each of these victims additional and severe emotional distress," the lawsuit states. "The failure of Alpha and Massey to attend to their specific needs has, at a minimum, created a danger for these victims and their co-workers."
The non-prosecution agreement with the U.S. Attorney's Office of Southern West Virginia from Dec. 6 totaled about $209 million, of which $80 million was to go to directly improve mine safety at all Alpha underground mines. The agreement included settlements for the miners' families and does not prevent the prosecution of individuals within Massey Energy, the company that owned the mine at the time of the explosion. Alpha acquired Massey nearly one year after the explosion.
The suit alleges Alpha and Massey misled the Department of Justice by failing to disclose between 35 and 40 severely injured miners during the crafting of the non-prosecution agreement. Part of the agreement awarded $1.5 million to injured and killed miners of UBB.
The complaint states that Alpha only reported two injuries from the blast.
The non-prosecute agreement would allow prosecutors to circumvent statutes of limitations if it is found that Alpha or Massey have given misleading or false testimony or information. The plaintiff alleges the omission of the additional injured miners justifies the amendment or dismissal of the non-prosecution agreement.
The miners have requested that the court require that the remaining miners be added to the non-prosecution agreement and that all payments made to UBB miners be disclosed.
The suit says a miner outside of the mine was even paid criminal restitution.
Injuries miners allege to be suffering from include traumatic brain injury, physiological injuries, physical injuries and post traumatic stress disorder.
In addition to the miners' complaints resolved and documented in the non-prosecution agreement, the suit states compensated miners were arbitrarily chosen from varying mantrips while other miners on the same vehicles were ignored. The suit alleges three-quarters of those who sustained injuries from the blast are actually being paid.
The suit further accuses of Alpha of intentionally staying court proceedings so that the uncompensated miners will agree to take less in criminal restitution than what was awarded to other miners.
As of July 12, proof of service of summons have been filed from the U.S. Department of Justice, the U.S. Attorney for Southern District of West Virginia and Alpha Appalachia Holdings via the West Virginia Secretary of State.
The U.S. Attorney's Office did not have a comment on the matter.
We posted the full complaint here.
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