who was lawyer for buffalo creek disaster

Can the Buffalo Creek disaster survivors Sue in federal court?

Assume the survivors of the Buffalo Creek disaster sue in federal court solely under state common law, asserting that any violation of federal law by the defendants [see Stern, at 56,165-66]was either evidence of negligence or negligence per se. Would the case "arise under" federal law? 9. Subject Matter Jurisdiction-Federal Question

What happened to the victims of the Buffalo Creek flood?

The experts concluded that the victims suffered from “survivor syndrome,” what is known today as Post-Traumatic Stress Disorder (“PTSD”). Stern asked Judge Hall to help him get access to the West Virginia Ad Hoc Commission of Inquiry into the Buffalo Creek Flood’s documents. Hall agreed and the documents were provided to Stern.

What happened to Pittston's Buffalo Creek case?

March 31 In an SEC filing, Pittston stated that it believed that the “ultimate effect of [any] claims [related to the Buffalo Creek disaster] should not be material in relation to [Pittston’s] consolidated financial position.” April Over 1,000 residents registered claims with Pittston. At that time, Pittston had made only one payment for $4,000.

Who are the lawyers for the plaintiffs in the civil rights case?

The lawyers for the plaintiffs, Arnold & Porter of Washington, D.C., donated a portion of their legal fees for the construction of a new community center. West Virginia has yet to build the center, though the center was promised by Governor Moore in May 1972.

Who was responsible for Buffalo Creek disaster?

The Pittston CompanyIt wrote, “The Pittston Company as owner of Dam No. 3 was responsible for its safety and the safety of the people in Buffalo Creek Valley as far as the dam was concerned.

What was the actual settlement agreement in the Buffalo Creek disaster?

In an out of court settlement, the survivors were awarded $13.5 million, $6 million of which was distributed on the basis of a point system as compensation for the psychological damages.

What happened after the Buffalo Creek disaster?

Soon after the disaster, the coal company began making offers to settle claims - for immediate but relatively small cash payments relating primarily to property losses. Rather than accept these settlements as complete payment, a group of Buffalo Creek residents decided to approach Arnold & Porter for help.

What dam failure caused the greatest loss of life in the US?

the Johnstown flood of 1889But by far the most famous dam failure, and indeed one of the worst disasters in U.S. history, was the Johnstown flood of 1889. It is also a story with striking similarities to that of the Kaloko Dam collapse.

How many died in the Buffalo Creek Flood?

February 26, 2022, marks the 50th anniversary of one of the most devastating mine disasters in U.S. history. Three coal waste dams in West Virginia failed, killing 125 people and injuring 1,100 more in communities downstream of the dams.

What dam did Pittston fail to get an independent engineering opinion on?

Pittston failed to obtain an “independent engineering opinion” on the Buffalo Creek dams. July 14, 1970 West Virginia Department of Natural Resources (WVDNR) Inspector recommended an emergency spillway on Dam #3 in his inspection report.

Why did Judge Christie remove himself from the case?

Judge Christie, the federal district judge originally assigned to the case, removes himself from the case because of his friendship with Pittston’s president. The case is assigned to Judge K.K. Hall. Stern meets with Pittston’s counsel concerning settlement.

When did Pittston install the spillway?

October 8, 1971 Pittston promised WVDNR to install an emergency spillway on Dam #3. December 17, 1971 WVDNR Inspector recommended an emergency spillway on Dam #3 in his inspection report. 1972 About 5,000 people lived in the Buffalo Creek holler including 1,000 miners.

When did Judge Hall decline to act on Pittston's motion to dismiss plaintiffs' demand for injunctive

June 7, 1974 Judge Hall declined to act on Pittston’s motion to dismiss plaintiffs’ demand for injunctive relief and to strike certain allegations in the complaint and made decisions on future trial structure. June 15, 1974 Trial briefs due. June 26, 1974 The plaintiffs and Pittston settle for $13.5 million.

Is Buffalo Creek dam unstable?

A U.S. Geological Survey geologist inspects the Buffalo Creek dam and concludes that it was basically “unstable” and that “the bank [was] subject to large wash-out on [the] north side from [any] overflow from the lake.”.

Who was the lawyer who was involved in the Pittston case?

Stern, in 1972, was a young lawyer with the Washington, D.C., firm of Arnold & Porter. When the firm was recruited by that group of Buffalo Creek residents who felt that the coal company had behaved negligently, Stern found himself leading Arnold & Porter ’s efforts to hold Pittston accountable.

What happened in the Buffalo Creek flood?

One Saturday morning in February 1972, an impoundment dam owned by the Pittston Coal Company burst, sending a 130 million gallon, 25 foot tidal wave of water, sludge, and debris crashing into southern West Virginia's Buffalo Creek hollow . It was one of the deadliest floods in U.S. history. 125 people were killed instantly, more than 1,000 were injured, and over 4,000 were

How many people died in the Buffalo Creek flood?

The flood killed 125 people, injured over 1,100 more and left more than 4,00. The Buffalo Creek flood was one of the worst disasters in West Virginia’s long and tragic history of calamities, both natural and man-made.

Who was the lawyer who won the coal case?

This is the story of their triumph over incredible odds and corporate irresponsibility, as told by Gerald M. Stern, who as a young lawyer and took on the case and won.

When did the coal pile in Buffalo Creek Hollow break apart?

In February 1972 , in the rural mining area of West Virginia, a huge coal-waste pile (which was being used as a dam) broke apart, flowed downstream like a Tsunami and wiped out all the mining towns along the Buffalo Creek Hollow.

What was the impact of the Buffalo Creek disaster?

The Buffalo Creek disaster, however, did galvanize concern about strip mining and coal safety in Congress, and helped to spur passage of regulatory bills on the House side during Congressional debate in the early 1970s . A final federal strip mine bill, however, would not be signed into law until 1977.

Who owned the Buffalo Creek Dam?

They were filled to capacity, holding tons of coal wastewater. The dams, built of coal slag wastes, were then owned by the Pittston Coal Company. Coal waste dumping had gone on there for decades, up in the hills, at the headwaters of the Buffalo Creek.

When was the Buffalo Gob Dam built?

In 1960, Buffalo Mining had constructed its first gob dam, or impoundment, near the mouth of Middle Fork in 1960. Six years later, it added a second dam, 600 feet further upstream. And by 1968, the company was dumping more gob at a third location, another 600 feet upstream.

Where was the Buffalo Creek watershed?

In the early morning hours of Saturday, February 26th, 1972, after three days of rain, a series of coal slurry impoundments in the upper reaches of the Buffalo Creek watershed in Logan County, West Virginia, were beginning to weaken. They were filled to capacity, holding tons of coal wastewater. The dams, built of coal slag wastes, were then owned by the Pittston Coal Company. Coal waste dumping had gone on there for decades, up in the hills, at the headwaters of the Buffalo Creek. But in the valley below, Buffalo Creek ran for about 17 miles where some 5,000 people lived in a string of 16 small towns built along the valley’s bottom lands. When the impoundments up in the hills gave way that February morning, a tsunami-like wall of thick, black coal wastewater went crashing down the hollow, wiping out homes and lives.

How many people died in the Buffalo Creek flood?

Feb 28, 1972. Headlines of the 'Charleston Daily Mail' of Charleston, WV reporting early death toll of 66 people killed during the Buffalo Creek flood disaster, the result of a giant “coal waste” wall of water from failed “gob” dams high in the hills upstream, also showing houses tossed about in the ravaged watershed.

What was the name of the flood in West Virginia in 1972?

February 1972. Some of the flood damage in the aftermath of the Buffalo Creek disaster in West Virginia, showing "mud line" on damaged home, indicating approximation of flood levels for some structures, while others were carried away in the wave or disintegrated into pieces.

Who was the photographer who found the wiped out lorado?

UPI photographer Leo Gardner, one of the first outsiders to reach the area reported, “Lorado was wiped out.”. Another early report from the devastation noted: “52 bodies lying on both sides of the road running alongside Buffalo Creek.”.

Where is Buffalo Creek in West Virginia?

...Logan County , West Virginia is home to a small area called the Buffalo Creek Hallow. Numerous towns sprang up over years in this coal rich creek since the boom of the mining industry. The year 1970 saw the most prosperous year for coal, the increased demand attracted new mining companies to set up shop at Buffalo Creek however a flood during a cold winter morning in 1972 changed the lives of the residents forever. The coal mining history of Buffalo Creek can be traced back all the way to 1940s. At that time, Lorado Coal Mining Company opened Mine No.5 at the almost the top of the Buffalo hallow. The dumping of sludge from this mine was happening at the mouth of the middle fork. It functioned just like a dam and was viewed like one without much thought. When the Buffalo Mining Company took over Lorada, they began dumpling sludge behind the first “dam” at the middle fork stream. In 1967, the old dam proved problematic when it failed however there was no considerable damage. The coal mining company did not take the threat seriously as it continued to pile waste. In 1970, when Pittson coal took over, the danger exponentially increased as a third dam was constructed behind the first two which completely blocked the streams by a network of sledge dams. In the last week of February 1972, ponds/streams behind the first dam started to rise. These ponds had millions of tons of sludgy material at the bottom that acted as quick sand. The rain and snow pounding along with......

What was the cause of the mining disaster in West Virginia?

The disaster cause by a dam corruption which was used to block black water produced in mining procedures. The flood break out from the fallen dam and rush out the 17 mile valley below it, killed more than 100 people, 1000 people injured and more than 4000 people were homeless. The disaster quickly gain the attention from the author of the book, Gerald M. Stern, also was a attorney who just finished representing African American in the south. Stern was shocked by this man-made disaster and decided to represent the survivors. Stern and victims of the disaster thought that the owner of the dam, Buffalo mining company and its owner, Pittston company are responsible for this disaster. They plan to sue Pittston in federal court instead of suing Buffalo mining company in Virginia court because of their power of influence in West Virginia. After visiting survivor from NY to West Virginia for gathering information and made enough preparation. Stern and his group successfully put the case in federal court and sued Pittston for 32.5 million for around 400 survivor who had taken physical damage or psychological hurt in the disaster. After the debate in court and bargain, finally Stern and the survivor he represented got 13.5 million settle, which Stern was not satisfied but still marked as a victory for the weak.