ICG operates the mine in
Sago, West Virginia where at approximately 6:30 a.m. on January 2, 2006, 13
coal miners were trapped after an explosion in the
Sago Mine disaster. Twelve miners were later found to have died, while one survivor, Randal McCloy Jr., was taken to a hospital in critical condition. ICG faced controversy after an initial report claimed 12 of the trapped miners had been found alive. According to an article in the
Wall Street Journal ICG gave an initial donation of $2 million to support the families of the victims. According to a January 27, 2008 article in the
Pittsburgh Post, McCloy Jr. and the family of one of the victims settled lawsuits against ICG. The lawsuits "alleged negligence by ICG and the other companies, including alleged failure to maintain a safe working environment." In 2005, the mine was cited by the federal
Mine Safety and Health Administration (MSHA) 208 times for violating regulations, up from 68 in 2004. Of those, 96 were considered significant/serious and substantial (S&S). According to a January 4, 2006 article in the
New York Times, federal records showed that their inspectors had fined the Sago mine "more than $24,000 for roughly 202 violations in 2005". Anindya Mohinta, a London-based mining analyst with J.P. Morgan, questioned Ross for investing so heavily in the coal industry "because of myriad government safety and environmental regulations" the coal industry "requires so much capital investment to improve bankrupt assets." Mohinta said that the "human risks of investing in businesses like coal mines have an "act of God" component and it is risky for new companies in the sector to know where and when to spend money for maintenance and prevention." Kitts identified Ben Hatfield as his supervisor during the period of transition from Anker to ICG. ICG was in the process of acquiring Anker in November 2005. ==Clean Water Act==