Issue link: https://www.epageflip.net/i/313248
The Associated Press WHARTON,W.VA. Twomin- ers killed inside a coal mine worked for a company that had so many safety prob- lems federal officials deemed it a "pattern violator," a rare designation reserved for the industry's worst offenders. Brody Mine No. 1 was one of only three mines last year to earn the label that regu- lators have put greater em- phasis on since the 2010 Up- per Big Branch explosion killed 29 miners about 10 miles away. The designation subjects the mine to greater scrutiny from regulators. Brody No. 1 is owned by a subsidiary of St. Louis-based Patriot Coal, which in its an- nual report last December blamed the problems on a previous owner and said it was "vigorously contesting" the designation. The workers at Brody No. 1 were killed when the floor collapsed Monday night dur- ing a coal burst, a violent fail- ure of a roof, pillar or wall of coal along a passage in- side the mine, according to the company and state and federal officials. Coal bursts have been a hazard for de- cades. The burst occurred dur- ing retreat mining opera- tions — when pillars that support the roof are col- lapsed and removed from a mined area. Once the en- tire mine has collapsed, it is abandoned. In October, Brody No. 1 was one of three coal mines added to a Pattern of Vio- lations list for repeatedly breaking federal health and safety regulations over the previous year. It was cited for 253 serious violations. The designation is one of MSHA's toughest enforce- ment actions, reserved for operations that pose the greatest threat to workers' lives. It also meant that if a federal inspector were to find another significant vi- olation, an order would be issued to withdraw miners from a specific area, effec- tively ceasing operations un- til the problem is corrected there. Asked for comment on its safety record, a Patriot Coal spokeswoman referred to the company's latest annual report. Patriot's subsidiary purchased the mine Dec. 31, 2012. But from April 1, 2013, to March 31 of this year, the mine was cited for 192 safety violations, including 33 for high or reckless disregard for miners' health and safety. It wasn't immediately clear whether any of the vi- olations could have had any- thing to do with a coal burst. Since January, six ac- cidents have occurred at Brody No. 1, including one in which a miner's finger was caught in machinery and a portion had to be am- putated, according to online federal records. The Mine Safety and Health Administration has taken several steps to im- prove its enforcement of safety regulations after the Upper Big Branch explo- sion, the worst U.S. coal mining disaster in 40 years. Among them: impact inspec- tions of problem mines, such as Brody No. 1, and "Rules to Live By." In January, the agency announced it had addressed the 100 recommendations published in a 2012 report by a team of experts ap- pointed by then-Labor Sec- retary Hilda Solis and the National Institute for Occu- pational Safety and Health. Last week, MSHA re- ported that eight miners died in accidents in the first three months of 2014. Brody No. 1 is located off a two-lane road that winds through lush, tree-covered mountains. Pockets of mod- est one-story houses and mobile homes sit in clusters on small patches of flat land along the road. While the mine is about 10 miles away from the shuttered Upper Big Branch, it would take more than an hour to drive from one to the other. Brody No. 1 employs about 270 workers. Killed were Gary P. Hensley, 46, of Chap- manville, and Eric D. Legg, 48, of Twilight. Robert Rash, chief of the Wharton-Barrett Volunteer Fire Department, said Legg became a coal miner after he graduated from high school. "That's all that's around here, actually. Deep mine and strip mine," Rash said. Barry Brown, Legg's friend and a former co- worker, said Legg was going to start a new job later this week at Patriot's Big Moun- tain Mine. He was a good worker who loved to hunt and fish. "He was like a brother to me. Me and him, we did a lot together," Brown said. "Every boss wanted him on their section because he was a good guy. He could do any- thing in the coal mines." WEST VIRGINIA Mi ne h ad h is to ry o f sa fe ty p ro bl em s CHARLESTONDAILYMAIL,MARCUSCONSTANTINO—THEASSOCIATEDPRESS Vehicles are parked outside the Brody Mine No.1in Wharton, W.Va., on Tuesday. The Associated Press WASHINGTON A federal judge said Thursday she is leaning toward allowing President Barack Obama's claimofexecutiveprivilegein Operation Fast and Furious, the failed law enforcement operation at the center of a congressional investigation and subpoena fight between the Justice Department and House Republicans. At a hearing, U.S. District Judge Amy Berman Jackson cautioned that she has not decided how she will rule in the case. But she said she regards the executive privilege claim as qualified. That view could result in some Justice De- partment records that House Republicans want re- maining confidential, while others might be subject to public disclosure. Lawyers for the House and the White House argued the case before Jackson. She flayed both sides, chiding the lawyers for turning in legal filings that she called "dis- tressing" for their "vituper- ative" tone. FAST AND FURIOUS Judge: Leaning toward White House privilege claim By Denise Lavoie The Associated Press BOSTON Supporters and activists routinely ask gay couples to meet with reluc- tant lawmakers to put a hu- man face on same-sex mar- riage. They file lawsuits. They use unexpected allies — in some cases, churches — to spread their message. It's a strategy that has shown results, with state bans falling in courts at a brisk clip, most recently in Idaho and Arkansas. And it was one that was first tried in Massachusetts, where 10 years ago Saturday, gay cou- ples became the first in the nation to legally tie the knot. "We've really used a spirit of relentlessness," says Marc Solomon, the national cam- paigndirectorforFreedomto Marry. "That's the way we've approached this entire move- ment from the get-go in Mas- sachusetts and around the country." Seventeen states and the District of Columbia have le- galized same-sex marriage. Judges in seven other states havestruckdownbansongay marriage,thoughofficialsare appealing. Opposition remains stiff in manyplaces.Criticspointout thatmoststatesstilldonotal- low gay marriage and that in most of those that do, it was the work of courts or legisla- tures, not the will of the peo- ple. Only Washington, Mary- land and Maine have ap- provedgaymarriagethrough a public vote, while residents of 30 states have approved constitutional amendments to ban it. Assupportershaveracked up victories, opponents have shiftedtheirtactics.Theystill argue that gay marriage will damage the traditional insti- tution, but they've intensified their arguments on religious freedom and states' rights. "I think the notion that it is a freight train of momentum hasbeengreatlyexaggerated andisjustnottrue,"saysJohn Eastman,chairmanoftheNa- tional Organization for Mar- riage. What is undeniable, though, is a change in public attitudes. Recent polls show that a majority of Americans support same-sex marriage; in2004,onlyabout30percent favored it. The U.S. Supreme Court last year struck down a key part of a federal law de- fining marriage as between a manandawoman.Fortyper- cent of Americans now live in states where gay people can marry. "What's really interesting here in Massachusetts is that it has really become no big deal," says Robyn Ochs, who married Peg Preble the day same-sex marriage became legal."Whenwewerefighting to protect marriage equality in Massachusetts, there were all these predictions of doom and destruction, and terri- ble things would happen. You know,whenwegotmarriedon May 17, 2004, on May 18, the buses still ran, children still had to go to school and the grocery stores still had food on the shelves." Preble chimes in: "The sky didn't fall." Here's how it unfolded: ThelegalgroupGay&Les- bian Advocates & Defenders sued the Massachusetts De- partment of Health on behalf of seven same-sex couples who were denied marriage li- censes in 2001. The Massachusetts Su- preme Judicial Court ruled in November 2003 that barring same-sex couples from mar- rying violated the state con- stitution.Weddingsbegansix months later. Opponents tried to over- turn the ruling through a state constitutional amend- ment. The effort failed after intense lobbying by same- sex marriage supporters, who asked gay couples to meet with their lawmakers and talk about what their marriages meant to them. Solomon, a leader of the campaign in Massachusetts, and several other veterans of that drive have been working in other states since then. They've worked to build support among lawmakers, oust others, and recruit busi- ness leaders and other prom- inent people to their side. In Indiana, executives of phar- maceutical company Eli Lilly and engine maker Cummins have argued against a pro- posed ban, saying it could hinder worker recruitment. A judge struck down Ida- ho's ban Tuesday, ruling on a lawsuit brought by two cou- ples legally married in other states and two who were de- nied marriage licenses in Idaho. A judge in Arkansas, ruling in a lawsuit filed by several same-sex couples, last week threw out both a constitutional ban and a sep- arate state law. Appeals are pending or expected. Meanwhile, opponents in Virginia, Indiana, Texas, Utah and many other states are fighting to maintain bans. Lawsuits are pending in about 30 states where gay couples can't marry. At least one Southern ac- tivist is applying lessons learned in Massachusetts. The Rev. Jasmine Beach- Ferrara says that while she was attending divinity school in Boston from 2007 to 2010, she met with advo- cates to develop a blueprint for the Campaign for South- ern Equality, of which she is now the executive director. "One of the key lessons, from having watched Mas- sachusetts in real time and talking with folks in the years afterward, was the role of faith leaders and faith communities," says Beach- Ferrara, a minister in the United Church of Christ. Southern Equality took that principle and came up with "We Do," a campaign that encourages gay couples to request marriage licenses in their hometowns. FAMILY Tactics endure a er 10 years of same-sex marriage Opponents tried to overturn the ruling through a state constitutional amendment. The effort failed after intense lobbying by same-sex marriage supporters, who asked gay couples to meet with their lawmakers and talk about what their marriages meant to them. Beverly Ross and the Te- hama County Elections De- partment would like to re- mind voters that the last day to register to vote for this election is May 19. Remember that regis- tered voters who have moved within the county, changed their name or changed a mailing address must com- plete a new voter registra- tion card. Election material is not forwardable. You may register to vote online by visiting www.reg- istertovote.ca.gov by mid- night Monday, May 19. Reg- istration cards are also avail- able at all post offices, all library branches, city halls, the Clerk & Recorders office, the Elections office, online at www.co.tehama.ca.us or may be obtained by calling the Elections Department at (530) 527-8190 or toll free at (886) 289-5307. The goal is to encourage Tehama County residents to participate in the upcoming Statewide Primary Election on Tuesday, June 3. For more information, call the Tehama County Elections Department at (530) 527-8190 or toll free at (886) 289-5307. You may also send an email to elections@ co.tehama.ca.us. ELECTION May 19 last day to register to vote R ed Bluff Simple Cremations & Burial Service NowOffering Eco-Friendly urns at economy friendly prices. 722 Oak Street, Red Bluff, FD Lic. 1931 527-1732 ROGERE."PERK"PERKINS March 2, 1928 ~ May 9, 2014 Roger E. "Perk" Perkins passed away on Friday, May 9th. He has been a resident of Red Bluff for the last 30 years. He retired to Red Bluff to raise O'Henry Peaches. The lo- cal radio stations would announce when the Indian Oaks Ranch "O'Henry's" were ripe and available. Prior to becoming a "Peach Rancher" he retired from Lockheed Missiles and Space Company. He was one of the pioneers in the space programs. He was preceded in life by his loving wife, Wanda. He leaves behind his children, Pamela Morais of Sunnyvale, California, Janet Spencer of Murrieta, California, and Scott Perkins of Fairfax,Virginia, His 11 Grandchildren, 10 Great Grandchildren, one Great Great Grandson and many nie- ces and nephews. A celebration of life is pending. Obituaries FRIDAY, MAY 16, 2014 REDBLUFFDAILYNEWS.COM | NEWS | 9 A