Denise L Scheberle - Industrial Disasters and Environmental Policy: Stories of Villains, Heroes, and the Rest of Us

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Industrial Disasters and Environmental Policy

Industrial Disasters and Environmental Policy

Stories of Villains, Heroes, and the Rest of Us

Denise L. Scheberle

First published 2018 by Westview Press

Published 2018 by Routledge
711 Third Avenue, New York, NY 10017, USA
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright 2018 Taylor and Francis

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Print book interior design by Timm Bryson, em em design, LLC

Library of Congress Cataloging-in-Publication Data has been applied for.

ISBN: 978-1-138-58916-2 (hbk)
ISBN: 978-0-8133-4725-7 (pbk)
ISBN: 978-0-429-46880-3 (ebk)

LSC-C

This book is dedicated to my family, my colleagues, and my studentsso many of whom are environmental heroes.

Contents

Chapter 1
TELLING STORIES: VILLAINS AND HEROES IN ENVIRONMENTAL POLICY

Chapter 2
THE NIGHT OF THE GAS: UNION CARBIDE IN BHOPAL, INDIA

Chapter 3
DEEP TROUBLE: THE BP OIL SPILL

Chapter 4
APPALACHIAN COAL COUNTRY: EXPLOSION AT THE UPPER BIG BRANCH MINE

Chapter 5
THE TOWN THAT BECAME A SUPERFUND SITE: ASBESTOS IN LIBBY, MONTANA

Chapter 6
ENVIRONMENTAL HEROES: NELSON, RUCKELSHAUS, AND BONDS

Chapter 7
THE REST OF US: LEARNING HOW TO BE ENVIRONMENTAL HEROES

Agency for Toxic Substances and Disease Registry (ATSDR)

Bureau of Land Management (BLM)

Bureau of Ocean Energy Management (BOEM)

Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE)

Bureau of Safety and Environmental Enforcement (BSEE)

Centers for Disease Control and Prevention (CDC)

Central Bureau of Investigation (CBI)

Chemical Manufacturers Association (CMA)

Clean Air Act (CAA) of 1970 (CAA)

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, the Superfund law)

Conferences of the Parties (COP)

Council on Environmental Quality (CEQ)

dichloro-diphenyl-trichloroethane (DDT)

Democratic National Committee (DNC)

Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)

Environmental Impact Statement (EIS)

Goddard Institute for Space Studies (GISS)

Governors Independent Investigation Panel (GIIP)

Highly Immersive Visualization Environment (HIVE)

high-reliability organization (HRO)

Intergovernmental Panel on Climate Change (IPCC)

International Program on Chemical Safety (IPCS)

Libby amphibole asbestos (LA)

consumers Lifestyles Of Health And Sustainability (LOHAS)

local emergency planning committees (LEPCs)

material safety data sheet (MSDS)

methyl isocyanate gas (MIC)

Act of 2006 Mine Improvement and New Emergency Response (MINER)

Minerals Management Service (MMS)

Mine Safety and Health Administration (MSHA)

National Aeronautics and Space Administration (NASA)

National Ambient Air Quality Standards (NAAQSs)

National Environmental Policy Act (NEPA)

National Emissions Standards for Hazardous Air Pollutants (NESHAP)

National Institute of Occupational Safety and Health (NIOSH)

National Oceanic and Atmospheric Administration (NOAA)

National Priorities List (NPL)

natural resource damage assessment (NRDA)

nongovernmental organizations (NGOs)

Occupational Safety and Health Administration (OSHA)

Office of Natural Resources Revenue (ONRR)

remotely operated vehicles (ROVs)

Resource Conservation and Recovery Act (RCRA)

Resources and Ecosystems Sustainability, Tourist Opportunity, and Revived Economies of the Gulf States Act of 2011 (the RESTORE Act)

Robert C. Byrd Mine Safety Protection Act (MINER)

self-contained self-rescue device (SCSR)

terawatt-hours (TW-h)

Toxics Release Inventory (TRI)

Triple Bottom Line (TBL)

Union Carbide Corporation (UCC)

Union Carbide India Limited (UCIL)

United Mine Workers of America (UMWA)

mine Upper Big Branch (UBB)

US Chemical Safety and Hazard Investigation Board (CSB)

US Coast Guard (USCG)

US Department of Agriculture (USDA)

US Energy Information Administration (EIA)

US Environmental Protection Agency (EPA)

US Office of Surface Mining Reclamation and Enforcement (OSMRE)

West Virginia Department of Environmental Quality (WVDEQ)

West Virginia Office of Miners Health Safety and Training (WVMHST)

World Wildlife Fund International (WWF)

The idea for this book came on a spring day in 2010. I had just described to my students the tragedy of the Upper Big Branch mine explosion that had recently killed twenty-nine miners, on April 5. Massey Energy, headed by Don Blankenship, had a reputation for running coal at all costs, even if it meant harming the environment and endangering miners working more than a thousand feet underground. This was the worst mining accident in West Virginia since 1968.

About two weeks later, on April 20, 2010, what would come to be known as the worst environmental disaster in US history occurred. BP had attempted to seal the Macondo well a mile beneath the Gulf of Mexico, but failed. As a result, high-pressure gas shot through the riser to the Deepwater Horizon oil rig, where it ignited and soon engulfed the massive rig. The rig sank two days later, and eleven missing workers were never found. But that was not the extent of the disaster. As many of us watched the live television feed, the oil leaking from the failed well would eventually spew over 3.19 million barrels of oil into the Gulf of Mexico.

Investigations began for both accidents, and it soon became apparent that these were more than just accidents one might expect when conducting dangerous operations such as mining for coal deep underground or drilling for oil a mile beneath the sea. Instead, these two accidents were the result of misconduct by individuals within Massey and BP who put lives at risk in the pursuit of profitability. Criminal charges were soon brought against these companies, and my students and I began to wonder if commonalities existed between these two tragedies.

Fast-forward just another few weeks: on June 7, 2010, a court in India finally sentenced eight people to two years in jail for their role in another explosion. The 1984 explosion of deadly methyl isocyanate gas in Bhopal, India, took thousands of lives and did lasting environmental damage around the Union Carbide pesticide manufacturing facility in that city. The court found that these plant employees were guilty of death by negligence. And, again, I wondered what connections might be drawn to the Upper Big Branch mine and BP oil spill disasters.

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