Buffalo Creek Disaster

The Buffalo Creek Disaster book was written in 1976, by the Buffalo disaster’s survivors’ lawyer, Gerald M. Stern. In February 1972, Buffalo Creek coal waste dam in Logan County, West Virginia collapsed. At that time, the Company was owned by Pittston. This tragedy left 125 people dead, more than 1,000 injured, and destruction of properties worth $50 million. Federal, State, and Citizens concluded that the Pittston company utilized invalid dam engineering and construction techniques. The flood survivors filed two civil lawsuits against the Pittston Company. The petitioners were paid $13.8 and $4 .8 million respectively. A third lawsuit was filed, which was between West Virginia State and the Pittston Company.  The State demanded $100 from Pittston Company as a compensation for the damages caused. However, three days before leaving office, Governor Arch Moore, who had a close relationship with the coal industries, agreed to take a one million bribe outside the court. This paper analyzes the impressions from the book, my reactions to the outcome of the case, assessment of the ethical conducts of the character in the story. Also, the paper analyses how the Buffalo creek story has influenced my view of the legal system. Finally, my advice to Attorney Stern if a case like this was to happen again.

The Buffalo Creek case has different impressions. First, the coal companies never consulted the government before constructing the three dams. The disaster was avoidable if only the companies consulted professional. The Buffalo Creek dam maintenance had violated the Federal Coal Mine Health and Safety Laws of 1970. Second, the disaster case was settled outside the court through corruption, which led to injustice. The state wanted $100 million, but Governor Arch Moore solved the case outside the court in favor of the Pittston company. According to Green et al (1990), the ruling stated that Pittston caused mental suffering to the people, and so they had to pay a fine of $13.5 million. Third, the occurrence of the dam disaster led to the strengthening of the federal and state mining regulations about such complex engineering structures (Stern, 1976). The strict rules were meant to prevent more disasters from occurring. Fourth, Pittston’s management did not care about the communities’ well-being and the safety of Buffalo Creek’s residents. The company was only concerned about making more profits from mines. Fifth, the disaster was not an act of God, but as a result of human hands. Pittston claimed that it was an act of god to evade justice. Six, the leniency of the West Virginia inspection and construction regulations together with the weak penalties imposed on construction lawbreakers contributed to the Buffalo disaster. Another impression is the Middle Fork Dam, which was the third, underwent invalid construction methods which resulted in a weak base. Next, the deadly disaster was evitable if Pittston had listened to the people. The company received warning from the local people and coal mines expert about the instability of the dam, but they ignored. Nine, the survivors suffered psychological traumas due to the loss of their loved ones (Grace et al, 1993). The people saw corpses everywhere. Also, guilt consumed those who were unable to rescue their families. Finally, the media played an essential role in ensuring that the powerless received justice.

The buffalo disaster ensured the survivors and those who had lost their loved ones got justice (Stern, 1976). However, the compensation money to the victims was not enough, and there was no report on the distribution of the money. Lack of reports could have created loopholes for some greedy officials to swindle some amount.

Different characters in the book portrayed different ethical conducts. Gerald M Stern is a kind and sympathetic person. His experience with the victims was poignant. He sympathized with the victims and sent medical and psychological experts to attend to them. Secondly, K.K. Hall, the judge, is a good-hearted and just person. He sided with Stern and blocked Pittston's efforts to hide the evidence on the buffalo case (Stern, 1976).  Pittston counsel wanted to limit the amount of time the opposition had through a motion. However, the judge heard the petitioners’ plea and granted them an extension. This allowed them enough time to add more plaintiffs. Third, the Buffalo Creek and Pittston management consisted of careless and inhumane officials who never cared about the well-being of the society. The Company knew that the dam was not big enough to hold 130 million gallons of water, but they continued to add more water. When asked, the Company claimed it was “an act of God”. Fourth, Roland Staten, a man who lost his wife and son, had an undying love for his family and was willing to protect them. Roland was regretful for failing to fulfill his wife’s request of taking care of their son.

The Buffalo case has re-affirmed my views on the legal system.  I believe that the judges and lawyers should fight for the rights of the poor and the helpless in the society. Stern and Hall strongly fought for what was right and managed to win the case against Pittston, which was a powerful company with enough money to bribe their way out (Stern, 1976). 

            If a similar tragedy to that of Buffalo Creek occurred today. I would advise Attorney Stern to maintain professionalism and avoid being so much emotionally attached to his clients. A lawyer should be a good psychologist, but it should not exceed a certain level. Also, the Attorney should maintain his positive ethical conducts.

In conclusion, Buffalo Creek disaster was the most damaging mining related catastrophes in West Virginia. The Buffalo Creek Company was only focused on reaping more profit from coal mining, that they forgot to protect the residents’ welfare. Also, the government failed in its responsibilities to ensure that the dam construction met the standards of the Federal Mining Regulations. The disaster caused many deaths, which were evitable. The governments today should put active measures to ensure every construction meets the requirements through a thorough inspection.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References

Grace, M. C., Green, B. L., Lindy, J. D., & Leonard, A. C. (1993). The Buffalo Creek Disaster.

            In International handbook of traumatic stress syndromes (pp. 441-449). Springer,

            Boston, MA.

Green. B.L, Lindy. J.D, Grace. M.C, Gleser. G.C. (1990). Buffalo Creek Survivors in the Second

            Decade. Stability of Stress Symptom. Boston.

Stern, G. (1976). The Buffalo Creek Disaster. New York: Random House, Inc.