The Buffalo Creek Disaster Seeing family members die before your eyes is unimaginable. Seeing family members die when maybe you could have saved them, has to be a nightmare. Understanding that nothing you did, caused this horrible event to happen, is hard to let go. Gerald M.Stern writes the story of The Buffalo Creek Disaster, how a coal cleaning impoundment dam burst, killing 125 people injuring more than 1000 and causing over 4000 people to be homeless. Stern describes victims losing family members before their eyes, and the devastation caused by the flood. The writer also describes the causes of the disaster, and action he and his legal team team took on behalf of the victims, because it was, “the right thing [to do]” (21). This story tells how Stern and his colleagues worked as a team, made their way through the US legal system, and find justice for the victims. “One [Saturday] morning in February [26th] 1972… A coal company’s massive coal-refuse pile…collapsed without warning…killing 125 people mostly women and children” (Prologue). This horrible event captured the nation’s attention. Filmed news reports showed the black water rushing through the canyon that paralleled buffalo creek in the State of West Virginia. The high waters washed houses, people, telephone poles, rubbish, irreplaceable personal possessions and keepsakes away forever. Stearns an attorney, had helped with the civil rights struggle in the 1960’s and wanted to help the flood victims recover from the horrific disaster. Stearns law firm, Arnold & Potter, supported one partner each year take cases pro bono publico Cases-public interest cases. Stearns and his legal team took the case on. The dam that collapsed belonged to “The Buffalo Mining Company” who’s sole stock holder is the Pittston Company, Park Avenue, New York City” (10). The company announced that the flood was an “Act of god” via a West Virginia newspaper. An “Act of God” is considered to be a hurricane, or an earthquake, not the collapse of a man made dam. Local sentiment was that the mining company was at fault, not the weather. “Ben Tudor, a local Buffalo Company mining official…tried to blame the state of West Virginia, rather than God” (11). The Pittston Company worked hard to shed the blame through news articles and press releases. On the other hand “There had been four other occasions when the residents of Buffalo Hollow had been warned of an impending disaster” (16) In this case those survived were quicker to move, and those who waited did not survive. In the early stages of his investigation Stern describes the dilemma of choosing the right court to file papers. Local courts may be influenced by the local mining companies. And higher courts may be subject to the personal beliefs of the judge hearing the case. Some judges may choose not to hear the case. It is as important to research the judge, as it is to prepare the case for trial. Legal research is like looking for the proverbial needle in the haystack; it is hard work but in the end it can make or break your case. A representative from Arnold & Porter met with survivors at a local school to understand just what the people wanted the legal team to fight for. The legal team set up office in a local gas station and gathered information about the disaster from its survivors. At the same the Mining company shareholder Pittston began to offer less than fair compensation. The state of West Virginia allowed a $10,000.00 dollar compensation for wrongful loss of life unless the family could prove greater financial loss, and even then, there was still a $100,000.00 dollar cap in place by the state. Pittston went so far as to discourage hiring a lawyer when perusing compensation. Sterns took the case and was able to work half the year on the case, not the entire year as he had hoped. Now it was time for Stern to visit the disaster area for himself and meet the people. He made the trek to West Virginia from his law office in Washington D.C. Stearns now six weeks after the disaster sees the devastation for himself. The remains of the ruined homes being bulldozed, “it still looked like a warzone” (26). Through the help of photos Stern was able to see what the area had looked like before the collapse. It was a mound of black coal tailings that were began 25 years earlier. The coal waste consisted of approximately”800 to 1000 tons a day of slate and rock and coal waste; and especially liquid refuse, 400,000 to 500,000 gallons of black water each day containing about 500 tons of solids each day” (27).
At a local gym Stern meets hundreds of survivors introducing himself and a colleague. Legal costs were explained, although Sterns was prepared to do the work gratis. Sterns compared the victim’s expectations to the people that he had helped during the civil rights cases he had worked in the 1960’s, and how the victim’s entire expectations laid on Stern’s and his legal team. Sterns met with men on two separate occasions that had witnessed their wives as they were swept to their death, during the dam collapse. One of the women was pregnant, expecting to give birth in the next four months. The men described the scene as houses were swept away, some with people still inside, as the houses carried by the flood crashed into the bridge below and were reduced to rubble in the raging water.
After the loss of family, houses, and all worldly possessions the survivors were housed in temporary trailers, nicknamed “Hot Boxes” (49). They were small trailers provided by the government as temporary housing, until the survivors could become re-established. As the victims tried to get back to a normal life Sterns and his legal team chose to file papers in Federal Court in West Virginia. Some of the victims tried to settle with Pittston but found little success and even less money. Sterns and his team represented over 450 survivors.
The wheels of justice turn slowly; a term that I have heard during life rings true in this case. The writer describes the coal company’s maneuvers to have the case dismissed and their examination of the victims by the coal company’s doctors to further delay the trail, I now, better understand how, or even why, the wheels turn so slowly. It is a virtual chess match to build or dispute facts, or cast the blame in another direction. Terms such as embankment verses dam, and whether either were structurally sound. Who designed the dam? How was the design decided upon? Was that dam built according to specifications? Were the doctors qualified? What is the judge’s background? Stern’s worked with a great passion to answer these questions and more for victims of this great disaster and find justice..
The Pittston Company worked in their best interest to minimize the financial losses to their shareholders. The Pittston Company is a fine example of companies that carry great influence with local economies that are dependent on their investment. It is easy to see how companies can control politicians at state and local levels, due to their stranglehold on that same economy.
The manipulation of the media was also a tool used by all parties in this case. It was fascinating how shareholders pressured the Pittston Company to do the right thing and finally settle the case. Newspaper articles that they read or television news that was reported had quite an impact.
I think in the end, good conscience helped settle the case. As the victims are trying to put the pieces of their lives back together, it takes a complete community effort to assist the victims on their road to recovery. The drive to do the right thing outweighed the need to cover-up the disaster. The power that a coal company, or any company for that matter, has in any community can be staggering. This case is an example that even though a company is powerful it is still accountable for its actions. This is a good example of justice served, because it was the right thing to do. Lives were reconstructed, although they will never be the same, due to the collapse of dam number 3.