Mining Archives

Who can you sue for your mistakes?

by Judith Lewis
February 15, 2006 11:02 AM

Paul Thacker has alerted me to guest blogger Stephanie Mencimer's post on Kevin Drum's blog, about a mining company that's suing the Mine Safety and Health Administration (MSHA) for failing to sufficiently police its operations. Two years ago, three miners were killed and two more disabled in an explosion at a mine owned by CONSOL Energy. The mine workers' families sued CONSOL. Now CONSOL is suing MSHA, claiming that a lack of government oversight -- oversight mining lobbyist worked hard to eliminate -- created the conditions for the accident.

By this logic, Mencimer notes, we could all sue for all sorts of things:

"[Y]ou can imagine the creative possibilities for companies in the midst of expensive litigation: Merck sues FDA for letting it sell Vioxx! Ford sues the transportation department for not demanding roll-over tests for SUVs! DuPont sues EPA for failing to notice when it dumped toxic chemicals into people’s drinking water!"

And I could sue the California Highway Patrol for allowing me to get in an accident while I was driving drunk; or Building and Safety for allowing me to put up that ramshackle garage that collapsed on me in an earthquake; or even the Air Resources Board for not stopping me from driving a particulate-belching truck that gave me asthma.

Or if you ruin your life smoking crack, you could sue the Office of National Drug Control Policy for failing to keep drugs off the streets.

(Maybe I could sue Typepad for the errors I made trying to blog this. Shouldn't my typos be regulated?)

You get the idea.

But the real irony is that it's the energy companies themselves who hired lobbyists to encourage the Bush administration to slash MSHA's funding. Bush has cut 170 jobs at MSHA since taking office, and his 2006 budget proposes another $4.9 million in cuts. For years, the administration has stocked MSHA's leadership with former energy company executives who have blocked rules to improve mine safety. Maybe they should be suing themselves.

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