Despite official reviews of the 2006 Aracoma Alma mine disaster placing some of the blame on negligent government inspectors, a federal judge has thrown out a lawsuit against the federal mining regulatory agency.
As reported by NPR, the widows of the two victims of the Melville, W. Va. mine disaster, who were separated from their crew by a subterranean fire and later killed by carbon monoxide poisoning, had been seeking damages from the Mine Safety and Health Administration. But U.S. District Judge John Copenhaver wrote that allowing the case to continue would “directly conflict with Congress’ decision to place the primary responsibility for mine safety on mine operators.”
An investigation of the accident by the Department of Labor had pointed the finger at the MSHA. “MSHA did not conduct inspections in a manner that permitted us to effectively identify hazardous condition in the mine, and did not utilize the Mine Act to effectively enforce health and safety standards promulgated to provide miners with the protections afforded by the statute,” wrote the report’s authors.
Bruce Stanley, the widows’ lawyer, expressed disappointment about Copenhaver’s decision.
“There is little likelihood they will ever be called to account,” said Stanley. The government “has basically flat out admitted it did not do its job.”
The families of the victims have had more success in holding Massey Energy, the owner of the Aracoma facility, responsible for the workers’ deaths. Massey settled a wrongful death lawsuit for an undisclosed amount, in addition to paying $4.2 million in civil and criminal penalties for the case.
Massey is also the owner of the Upper Big Branch coal mine, site of the worst mining disaster in 40 years last April, in which 29 people were killed.
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