“Extreme by any measure.” Those four words were used by the U.S. Supreme Court in a landmark 2009 decision to describe judicial corruption and corporate influence in the West Virginia courts.
That opinion by the nation’s highest court famously reversed the West Virginia Supreme Court of Appeals justices who had thrown out a lawsuit against a major coal company and represented an unusually forceful reprimand of a lower court. It also symbolized a turning point for a state where coal has been king for much of the past two hundred years.
Another decision — one levied last month by the Supreme Court in neighboring Virginia — has garnered far less attention but marks yet a further blemish on West Virginia and it highlights the role that coal continues to play in politics and law in that state.
The little-noticed decision handed down by the Virginia court was a major setback to one of the coal industry's kingpins, Don Blankenship, the former CEO of Massey Energy. For over a quarter of a century, Mr. Blankenship was the guiding figure and intellectual architect behind his company’s obliteration of the United Mine Workers union and the coal industry's wholesale shift toward a relatively new and environmentally-ruinous form of mining called mountaintop removal, which essentially involves blowing off the top of mountains to reveal the coal seams underneath.