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Buffalo Creek Case centered around a dam that collapsed on February 26, 1972. The catastrophe was huge, as the dam collapsed and disappeared in a matter of minutes with no warning. The result was that 125 people were killed, and hundreds of individuals in the area were injured and left without residences. Many of the residences had had enough time to race to the hillside above the valley were the dam lay in order to survive the catastrophe and escape devastating injury, many people not only lost their homes, but also everything they owned. The communities surrounding the dam were totally wiped out (Smith 2004).
The coal company that owned this dam began to settle claims, but the claims were relatively small in comparison with the actual loss most of the people underwent. Therefore, the residents approached Arnold & Porter for help, a company that had recently helped win a large claim for other West Virginia coal miners...
The suit was filed against Pittston, the major coal company that supposedly owned the dam. After this decision was made, the major issue that emerged in the issue was that of jurisdiction. The notion was put in place to bring the case to West Virginia in federal court, rather than addressing this in state court. Therefore, in an attempt to keep this jurisdiction, Pittston was the only company named in the claim, argued under the concept of a corporate veil theory (Smith 2002). The concept of jurisdiction in this case was an interesting concept, and under further analysis, it demonstrates a brilliant stroke. By pinning the majority of the blame on one entity using the corporate veil…
Bibliography
Arnold and Porter Publications. 2002. "The Buffalo Creek Case." The Journal of Lawyers and Law: 453-479. In Lexis Nexus [database online]. 24 May 2011.
Smith, Bernard. 2004. "Analysis of Psycholocial Claims in Law. The Journal of Lawyers and Law: 43-49. In Lexis Nexus [database online]. 24 May 2011.
Buffalo Creek Disaster In February of 1972, sixteen small working class towns in West Virginia were flooded not just with water but with black sludge waste material from a local coal mining operation. The flood caused the immediate deaths of 125 people, many of whom were women and children who were not even employees of the coal industry. Scarring the region and leaving over a thousand people without homes, the Buffalo
Legal Book Review: The Buffalo Creek Disaster The Buffalo Creek Disaster was one of the costliest preventable tragedies in the history of American coal-mining. An impoundment dam burst in a coal mining West Virginia town, precipitating a deadly flood that killed or injured more than a thousand people, and left many more residents homeless. The dam had been declared sound shortly before it burst by a federal inspector. The owner of
S. Supreme Court might have held the status of this particular land and the resulting court decision to different standards and might have even reversed decisions of law however, the failure of this point to be addressed in the previous petition barred this point from being addressed by the court in the latter decision. Bibliography City of Sherrill, New York v. Oneida Indian Nation of New York et al. Certiorari to the
" The prominence of this type of mining method is underlined by a study prepared for the Governor of West Virginia which states that, "Mountaintop removal methods are essential to maintain the state's present level of coal production. The lower production costs of MTR have contributed significantly to maintaining West Virginia as a competitive coal producer." 3. Environmental impact of coal mining in the Appalachians. 3.1. Underground mining The earliest coal mining in Appalachia consisted
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This is mostly experienced in case where the trauma caused psychological disorders, phobias, and depression, and this may go as far as inhibiting the maturation process of the child and even interacting with the emerging personality. According to Newman (1976) three factors can be used to predict the psychological effects of disasters on children, these are; the child's developmental level, the child's perception about the family's response to the