Child Killed by Avoidable Mining Tragedy

Sept. 6, 2004, Charleston Gazette editorial

In early-morning darkness on August 20, workers were upgrading a road to a strip mine near Inman, Va., about 90 miles southwest of Williamson. They shoved rocks, dirt and other debris over a hillside toward homes below. A rock more than three feet long burst into the home of Dennis and Cindy Davidson, killing their 3-year-old son Jeremy as he slept in his bed. It continued through another wall and landed near the bed of the Davidsons’ other son.

Although this tragedy happened in Virginia, it shows why tough safeguard laws are needed in West Virginia and every mining state.

…Laws are only as good as their enforcement. A week before Jeremy Davidson was killed, a Virginia inspector visited the mine and found no violations. Given the operation’s disregard for the permitting process, we wonder how thorough Virginia’s checkup was. Did the inspector know that unapproved roadwork loomed? The U.S. Office of Surface Mining might be able to determine that, but OSM officials say they don’t plan to double-check Virginia regulators after this tragedy.

…The bureaucratic name for the rock that killed Jeremy is "downslope spoil." Downslope spoil is nothing new to coalfield residents, who frequently find rocks of all sizes in their yards and roads. In 2000, OSM found that large surface mines in steep West Virginia terrain frequently violated rules intended to prevent rock slides and erosion.

At the news of Jeremy’s death, coalfield residents everywhere felt a sharp pang of, "There but for the grace of God...." People should be able to put their children to bed at night without fear that their corporate neighbors are going to cause deadly boulders to come crashing out of the darkness.

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On Sept. 14, the Bristol Herald Courier (Va.) reported that the responsible company, Matt Mining, must pay a total of $15,000 in fines – $5,000 for each of the three violations it received after Jeremy was crushed to death. Outraged by the toddler’s death, outraged that citizens’ concerns about blasting have long been ignored and outraged at this paltry fine, citizens from nearby communities organized a March for Change. Members of Coal River Mountain Watch, the Sierra Club, OVEC and other groups joined the march from Inman, Va. to Appalachia, Va.