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Sludge Slinging

No matter how hard it tries, the Bush administration cannot silence one of the nation's leading experts on coal mining's poisonous legacy.
Audubon    Apr./June 2004

Monforton's comment rang true when I read the charges against Spadaro. Some I had to read twice to convince myself there hadn't been typos. Without exception, they call to mind the charges filed against Alice by the Queen of Hearts. First, MSHA accused Spadaro of misusing his government credit card by not getting $22.60 in bank charges for cash advances approved before he took visiting mine officials to dinner. This despite the fact that, even though the $22.60 had been a legitimate business expense, Spadaro had paid it back long before MSHA knew about it. Another charge was that Spadaro “abused his authority” by granting waivers for food and lodging to visiting mine-rescue teams and to an academy instructor stricken with multiple sclerosis. In fact, he had been ordered to do so and was fully authorized by an MSHA policy directive. According to MSHA, Spadaro “created the perception, if not the reality, of antiunion animus” by suggesting that a union leader employed as an industrial hygienist move her office downstairs so she could work with another hygienist on a mine-safety project. She objected, so Spadaro didn't move her.

The whistleblowers who survive—the smart, effective, legitimate ones like Jack Spadaro—don't go just a little public. Spadaro is blowing his whistle as if his bird dogs were running deer. His relationship with his superiors is chillier than ever. And they are less than enthusiastic about the kinds of projects he is working on these days—such as guiding Audubon writers around the sludge reservoirs and mountain stumps of Appalachia. On the other hand, they won't let him back into his office. They've even changed the locks, denying him access to files he needs for his defense.

There is a scene in Star Wars where Obi-Wan Kenobi says to Darth Vader (accurately, it turns out): “If you strike me down, I will become more powerful than you can possibly imagine.” So it has been with Jack Spadaro, who gets more powerful with each passing day; who speaks daily with reporters, legislators, and environmental leaders across the nation; and who isn't getting fired after all. A five-month delay following a notice of termination is unheard of, but now MSHA is playing a different, safer game. On February 24, 2004, Spadaro was informed that he was being transferred to Pittsburgh and demoted one full pay grade. He's staying in West Virginia while he appeals, and advancing his radical notion that regulatory agencies should serve the public rather than themselves and industry.

What You Can Do

To join the Bring Back Jack campaign and for information on what you can do to prevent sludge spills and stop mountaintop removal and valley fills, log on to the Ohio Valley Environmental Coalition website (www.ohvec.org), or contact the coalition at 304-522-0246 or via e-mail at ohvec@ezwv.com.




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