ARCHIVE

Ex-Massey shareholders may meet in the middle

A THREE-year-old investor lawsuit against now ex-producer Massey Energy is reportedly heading to ...

Donna Schmidt

This article is 11 years old. Images might not display.

West Virginia US district judge Irene Berger recently signed an order that will put the suit, which has been open since 2010, on hold for six months to allow involved parties to retain outside assistance.

The investors initially filed the lawsuit in April 2010, less than a month after the Upper Big Branch mine explosion on April 5.

They named Alpha Appalachia Holdings and Massey officials, including former chairman and CEO Don Blankenship, claiming violations of the Securities Exchange Act of 1934.

The group, headed by the Massachusetts Pension Reserves Investment Trust, claimed Massey artificially inflated its stock prices from 2008 to 2010.

“Safety at Massey's mines was repeatedly sacrificed so that aggressive production goals could be met,” the group alleged in suit documentation in 2012.

“Massey had received numerous undisclosed citations arising from serious uncorrected safety and other regulatory violations at surface and underground coal mines it operates in West Virginia and neighboring states.”

According to the Associated Press, all parties have stated in court filings that efforts to settle the case have been ongoing since a face-to-face meeting in December 2011.

Written communications followed, including “a series of demands and counter-offers that have narrowed the extent of the disagreement”

As a result, the joint motion filed earlier this month indicates the talks have reached a juncture where mediation would be of help.

The case had previously been on hold because Berger was shielding some evidence from the group of investors. That evidence is part of an ongoing criminal investigation into the company following the blast that killed 29 workers.

Several investigations into the incident have been conducted in the years since, with many agreeing on the contributory factor that the explosion was caused by worn and broken equipment and exacerbated by methane and coal dust accumulations.

Falsification of safety records has also been uncovered in the time since the blast. Former superintendent Gary May and security head Hughie Stover have been incarcerated for their actions.

According to federal records, the now-closed UBB mine was shut down by the US Mine Safety and Health Administration 48 times in 2009 alone but abatements of the violations allowed the operation to reopen shortly after.

From the beginning of 2009 until the day of the UBB mine explosion, MSHA issued 645 violations to Massey with $1.2 million in penalties.

However, the investors were not made aware of them.

Massey was acquired by Alpha Natural Resources in June 2011.

The Virginia-based producer announced the following April that it would close the UBB mine in Raleigh County permanently.

TOPICS:

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Monthly Intelligence team.

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Monthly Intelligence team.

editions

Mining Magazine Intelligence: Automation and Digitalisation Report 2024

Exclusive research for Mining Magazine Intelligence Automation and Digitalisation Report 2024 shows mining companies are embracing cutting-edge tech

editions

ESG Mining Company Index: Benchmarking the Future of Sustainable Mining

The ESG Mining Company Index report provides an in-depth evaluation of ESG performance of 61 of the world's largest mining companies. Using a robust framework, it assesses each company across 9 meticulously weighted indicators within 6 essential pillars.

editions

Mining Magazine Intelligence Exploration Report 2024 (feat. Opaxe data)

A comprehensive review of exploration trends and technologies, highlighting the best intercepts and discoveries and the latest initial resource estimates.

editions

Mining Magazine Intelligence Future Fleets Report 2024

The report paints a picture of the equipment landscape and includes detailed profiles of mines that are employing these fleets