Gray Mountain: A Novel Page 7

  “Nothing like today, though,” Chester added.

  “Oh no, nothing like today. Anyway, without telling his family, Webster signed a lease with a company out of Richmond, Vayden Coal, to surface-mine Gray Mountain.”

  “I don’t like the term ‘surface-mine,’ ” Chester said. “It sounds too legitimate. It’s nothing more than strip-mining.”

  “Webster was careful, I mean the man wasn’t stupid. He saw it as his chance to make some real money, and he had a good lawyer prepare the lease. Webster would get two dollars for every ton, which back then was a lot more than other folks were getting. The day before the bulldozers showed up, Webster finally told Rose and the boys what he had done. He sugarcoated everything, said the coal company would be watched closely by the regulators and lawyers, that the land would be reclaimed after the coal was gone, and that the big money would more than offset the short-term headaches. Rose called me that night in tears. Around here, property owners who sell out to the coal companies are not held in high regard, and she was terrified of what her neighbors would think. She was also worried about their land. She said Webster and Donovan were in a big fight, said things were terrible. And that was only the beginning. The next morning a small army of bulldozers plowed its way up to the top of Gray Mountain and began—”

  “The rape of the land,” Chester added, shaking his head.

  “Yes, that and more. They clear-cut the forest, shaved it clean, and shoved thousands of hardwoods into the valleys below. Next they scraped off the topsoil and pushed it down on top of the trees. When the blasting started all hell broke loose.” Mattie took a sip of wine and Chester jumped into the narrative. “They had this wonderful old house down in a valley, next to Crooked Creek. It had been in the family for decades. I think Curtis’s father built it around the turn of the century. The foundation was made of stone, and before long the stones began to crack. Webster started raising hell with the coal company, but it was a waste of time.”

  Mattie jumped back in. “The dust was awful, like a fog over the valleys around the mountain. Rose was beside herself and I often went over there to sit with her. The ground would shake several times a day when they were blasting. The house began to tilt and the doors wouldn’t close. Needless to say, this was a nightmare for the family, and for the marriage. After Vayden knocked off the top of the mountain, about three hundred feet, they hit the first seam, and when they finally started hauling coal off the mountain, Webster began demanding his checks. The company stalled and stalled, then finally sent a payment or two. Not nearly what Webster was expecting. He got his lawyers involved and this really irritated the coal company. The war was on and everybody knew who would win.”

  Chester was shaking his head at the nightmare. He said, “The creek ran dry, choked off by the valley fill. That’s what happens. In the last twenty years, we’ve lost over a thousand miles of headwaters in Appalachia. Just awful.”

  Mattie said, “Rose finally left. She and the boys came to live with us, but Webster refused to leave. He was drinking and acting crazy. He would sit on the porch with his shotgun and just dare anyone from the company to get close. Rose was worried about him, so she and the boys returned home. He promised to repair the house and fix everything as soon as the money came in. He filed complaints with the regulators, and even filed a lawsuit against Vayden, but they tied him up in court. It’s hard to beat a coal company.”

  Chester said, “Their well water was contaminated with sulfur. The air was always thick with dust from the blasting and coal trucks. It just wasn’t safe, and so Rose left again. She and the boys stayed in a motel for a few weeks, then they came here again, then off to somewhere else. This went on for about a year, wouldn’t you say Mattie?”

  “At least. The mountain continued to shrink as they went from seam to seam. It was sickening to watch it disappear. The price of coal was up, so Vayden mined like crazy, seven days a week with all the machinery and trucks they could throw at the site. Webster got a check one day for $30,000. His lawyer sent it back with an angry demand. That was the last of the checks.”

  Chester said, “Suddenly it was all over. The price of coal dropped dramatically and Vayden disappeared overnight. Webster’s lawyer submitted a bill for $400,000, along with another lawsuit. About a month later Vayden filed for bankruptcy and walked away. It restructured itself into a new company, and it’s still around. Owned by some billionaire in New York.”

  “So the family got nothing?” Samantha asked.

  “Not much,” Mattie replied. “A few small checks in the beginning, but only a fraction of what the lease called for.”

  Chester said, “It’s a favorite trick in the coalfields. A company mines the coal, then goes bankrupt to avoid payments and the reclamation requirements. Sooner or later they usually pop up with another name. Same bad actors, just a new logo.”

  “That’s disgusting,” Samantha said.

  “No, that’s the law.”

  “What happened to the family?”

  Chester and Mattie exchanged a long, sad look. “You tell the story, Chester,” she said, and took a sip of wine.

  “Not long after Vayden left, there was a big rain, and a flood. Because the creeks and rivers are choked off, the water is diverted to other runoffs. Flooding is a huge problem, to say the least. An avalanche of mud and trees and topsoil swept through the valley and took out the Gray home. Crushed it and scattered it for miles downstream. Fortunately, no one was in the house; by then it was uninhabitable, not even Webster could stay there. Another lawsuit, another waste of time and money. Bankruptcy laws are like Teflon. Rose drove out one sunny day and found a few of the stones from the foundation. She picked her spot, and she killed herself.”

  Samantha moaned and rubbed her forehead and mumbled, “Oh no.”

  “Webster disappeared for good. When we last heard from him he was living in Montana, doing who knows what. Jeff went to stay with another aunt and Donovan lived with us until he finished high school. He worked three jobs getting through college. By the time he graduated he knew exactly what he wanted to do: become a lawyer and spend the rest of his life fighting coal companies. We helped him through law school. Mattie gave him a job at the clinic, and he worked there a few years before opening his own shop. He’s filed hundreds of lawsuits and taken on every coal company that ever thought about operating a strip mine. He’s ruthless and fearless.”

  “And he’s brilliant,” Mattie said proudly.

  “Indeed he is.”

  “Does he win?”

  They paused and exchanged uncertain looks. Mattie said, “Yes and no. It’s tough litigating against the coal companies. They play hardball. They lie and cheat and cover up, and they hire huge law firms like yours to stonewall anyone with a claim. He wins and he loses but he’s always on the attack.”

  “And of course they hate him,” Chester said.

  “Oh yes, they certainly do. I said he was ruthless, right? Donovan does not always play by the book. He figures the coal companies bend the rules of legal procedure, so they force him to do the same.”

  “And this led to the ‘trouble’?” Samantha asked.

  Mattie replied, “It did. Five years ago, a dam broke in Madison County, West Virginia, about a hundred miles from here, and a wall of coal sludge slid down a valley and covered the small town of Prentiss. Four people were killed, virtually all the homes were destroyed, a real mess. Donovan got the case, teamed up with some other environmental lawyers in West Virginia, and filed a big federal lawsuit. He got his picture in the paper, lots of press, and he probably said too much. Among other things, he called the coal company ‘the dirtiest corporation in America.’ That’s when the harassment started. Anonymous phone calls. Threatening letters. Goons back there in the shadows. They began following him, and still do.”

  “Donovan is followed?” Samantha asked.

  “Oh yes,” Mattie said.

  “So that’s why he carries a gun.”

  “Guns, plural.
And he knows how to use them,” Chester said.

  “Do you worry about him?”

  Chester and Mattie both managed a chuckle. Chester said, “Not really. He knows what he’s doing and he can take care of himself.”

  “How about some coffee on the porch?” Mattie said.

  “Sure, I’ll brew a pot,” Chester said as he rose from the table. Samantha followed Mattie back to the front porch and retook her position in a wicker rocker. The air was almost too cool to be outside. The street was silent; many of the homes were already dark.

  Encouraged by the wine, Samantha asked, “What happened to the lawsuit?”

  “It was settled last year. A confidential settlement that’s still under wraps.”

  “If the lawsuit was settled, why are they still following him?”

  “Because he’s their number one enemy. He plays dirty when he has to, and the coal companies know it.”

  Chester arrived with a tray of coffee, decaf, and left to do the dishes. After a few sips, and a few minutes of gentle rocking, Samantha was about to nod off. She said, “I have a small overnight bag in my car. I need to get it.”

  “I’ll walk with you,” Mattie said.

  “We won’t be followed, will we?”

  “No, dear, we’re not a threat.”

  They disappeared into the darkness.

  7

  The two gentlemen to her right were slugging whiskeys and feverishly discussing ways to save Fannie Mae. The three to her left apparently worked at Treasury, which seemed to be the epicenter of the collapse. They were knocking back martinis, courtesy of the taxpayers. Up and down the bar of Bistro Venezia the talk was of nothing but the end of time. A windbag behind her was recounting at full volume his conversation that very afternoon with a senior advisor to the McCain/Palin campaign. He had unloaded a wave of solid advice, all of which was being ignored, he feared. Two bartenders were lamenting the crash of the stock market, as if they were losing millions. Someone argued that the Fed might do this, or it might do that. Bush was getting bad advice. Obama was surging in the polls. Goldman needed cash. Factory orders in China had dipped dramatically.

  In the midst of the storm, Samantha sipped a diet soda and waited for her father, who was running late. It occurred to her that no one in Brady had seemed even remotely aware that the world was teetering on the brink of a catastrophic depression. Perhaps the mountains kept the place isolated and secure. Or perhaps life there had been depressed for so long another crash wouldn’t matter. Her phone vibrated and she took it out of her pocket. It was Mattie Wyatt. “Samantha, how was your drive?” she asked.

  “Fine, Mattie. I’m in D.C. now.”

  “Good. Look, the board just met and voted unanimously to offer you the internship. I interviewed the other applicant this afternoon, a rather nervous young fellow, actually from your law firm, and he doesn’t interest us. I got the impression he was just passing through, probably got in his car and kept driving to some place far away from New York. Not sure how stable he is. Anyway, Donovan and I didn’t see much potential there and we nixed him on the spot. When can you start?”

  “Did he meet Romey?”

  Mattie cackled on the other end and said, “I don’t think so.”

  “I need to go to New York and get some things. I’ll be there Monday.”

  “Excellent. Call me in a day or so.”

  “Thanks Mattie. I’m looking forward to it.”

  She saw her father across the way and left the bar. A hostess led them to a table in a corner and hurriedly whipped out menus. The restaurant was packed and a nervous chatter roared from all directions. A minute later, a manager in a tuxedo appeared and announced gravely, “I’m so sorry, but we need this table.”

  Marshall replied rudely, “I beg your pardon.”

  “Please sir, we have another table for you.”

  At that moment, a caravan of black SUVs wheeled to a stop on N Street outside the restaurant. Doors flew open and an army of agents spilled onto the sidewalk. Samantha and Marshall eased away from the table, watching, with everyone else, the circus outside. Such shows were commonplace in D.C., and at that moment everyone was guessing. Could it be the President? Dick Cheney? Which big shot can we say we had dinner with? The VIP eventually emerged and was escorted inside, where the crowd, suddenly frozen, gawked and waited.

  “Who the hell is that?” someone asked.

  “Never seen him before.”

  “Oh, I think he’s that Israeli guy, the ambassador.”

  A noticeable rush of air left the restaurant as the diners realized that the fuss was over some lower-ranking celebrity. Though thoroughly unrecognizable, the VIP was evidently a marked man. His table—the Kofers’ old table—was pushed into a corner and shielded by partitions that materialized from nowhere. Every serious D.C. restaurant keeps lead partitions at the ready, right? The VIP sat with his female partner and tried to look normal, like an average guy out for a quick bite. Meanwhile, his gun thugs patrolled the sidewalk and watched N Street for suicide bombers.

  Marshall cursed the manager and said to Samantha, “Let’s get out of here. Sometimes I hate this city.” They walked three blocks along Wisconsin Avenue and found a pub that was being neglected by jihadists. Samantha ordered another diet soda as Marshall went for a double vodka. “What happened down there?” he asked. He had grilled her on the phone but she wanted to save the stories for a real conversation.

  She smiled and started with Romey. Halfway through the tale she realized how much she was enjoying the adventure. Marshall was incredulous and wanted to sue someone, but settled down after a few pulls on the vodka. They ordered a pizza and she described the dinner with Mattie and Chester.

  “You’re not serious about working down there, are you?” he asked.

  “I got the job. I’ll try it for a few months. If I get bored I’ll go back to New York and get a job at Barneys selling shoes.”

  “You don’t have to sell shoes and you don’t have to work in legal aid. How much money do you have in the bank?”

  “Enough to survive. How much do you have in the bank?”

  He frowned and took another drink. She continued, “A lot, right? Mom’s convinced you buried a ton offshore and gave her the shaft in the divorce. Is that true?”

  “No, it’s not true, but if it was do you think I’d admit it to you?”

  “No, never. Deny, deny, deny—isn’t that the first rule for a criminal defense lawyer?”

  “I wouldn’t know. And by the way, I admitted to my crimes and pled guilty. What do you know about criminal law?”

  “Nothing, but I’m learning. I have now been arrested, for starters.”

  “Well, so have I and I wouldn’t recommend it. At least you avoided the handcuffs. What else does your mother say about me?”

  “Nothing good. Somewhere in the back of my overworked brain I’ve had this fantasy of the three of us sitting down to a nice dinner in a lovely restaurant, not as a family, heaven forbid, but as three adults who might just have a few things in common.”

  “I’m in.”

  “Yeah, but she’s not. Too many issues.”

  “How did we get off on this subject?”

  “I don’t know. Sorry. Did you ever sue a coal company?”

  Marshall rattled his ice cubes and thought for a second. He had sued so many wayward corporations. Sadly, he said, “No, don’t think so. My specialty was plane crashes, but Frank, one of my partners, was once involved in some type of coal case. An environmental mess involving this gunk they keep in lakes. He doesn’t talk about it much, so that probably means he lost the case.”

  “It’s called sludge, or slurry, take your pick. It’s toxic waste that’s a by-product of washing coal. The companies store it behind earthen dams where it rots for years as it seeps into the ground and contaminates the drinking water.”

  “My, my, aren’t you the smart one now?”

  “Oh, I’ve learned a lot in the past twenty-four hours. Did you kn
ow that some of the counties in the coalfields have the highest rates of cancer in the country?”

  “Sounds like a lawsuit.”

  “Lawsuits are hard to win down there because coal is king and a lot of jurors are sympathetic to the companies.”

  “This is wonderful, Samantha. We’re talking about real law now, not building skyscrapers. I’m proud of you. Let’s sue somebody.”

  The pizza arrived and they ate it from the stone. A shapely brunette sauntered by in a short skirt and Marshall instinctively gawked and stopped chewing for a second, then caught himself and tried to act as though he hadn’t seen the woman. “What kind of work will you be doing down there?” he asked awkwardly, one eye still on the skirt.

  “You’re sixty years old and she’s about my age. When will you ever stop looking?”

  “Never. What’s wrong with looking?”

  “I don’t know. I guess it’s the first step.”

  “You just don’t understand men, Samantha. Looking is automatic and it’s harmless. We all look. Come on.”

  “So you can’t help it?”

  “No. And why are we talking about this? I’d rather talk about suing coal companies.”

  “I got nothing else. I’ve told you everything I know.”

  “Will you be suing them?”

  “I doubt it. But I met a guy who takes nothing but coal cases. His family was destroyed by a strip mine when he was a kid and he’s on a vendetta. He carries a gun. I saw it.”

  “A guy? Did you like him?”

  “He’s married.”

  “Good. I’d rather you not fall in love with a hillbilly. Why does he carry a gun?”

  “I think a lot of them do down there. He says the coal companies don’t like him and there’s a long history of violence in the business.”

  Marshall wiped his mouth with a paper napkin and took a sip of water. “Allow me to summarize what I’ve heard. This is a place where the mentally ill are allowed to wear uniforms, call themselves constables, drive cars with flashing lights, stop out-of-state drivers, and sometimes even haul them to jail. Others, who are evidently not mentally ill, go about the practice of law with guns in their briefcases. Still others offer temporary jobs to laid-off lawyers and don’t pay them anything.”