For the second time in a week, Massey Energy Co. has taken legal action against federal regulators who are investigating the April explosion that killed 29 miners at one of the company’s West Virginia mines.
The coal company is appealing a Mine Safety and Health Administration order that restricts what the company can do during the federal investigation. The order prohibits the company from taking photos and coal dust samples to study what happened, the Associated Press reports.
“It is troubling that MSHA would seek to limit the ability of investigators to locate and analyze important evidence that is essential in determining the cause of the Upper Big Branch mine accident,” Massey general counsel Shane Harvey said in a statement. “MSHA’s actions imply that the agency does not want a thorough, objective and inclusive inquiry.”
MSHA officials said the rules were necessary to protect evidence from being disturbed, and pointed out that besides Massey, four out of five parties in the joint civil investigation—including the United Mine Workers of America and Gov. Joe Manchin’s review team—agreed to the restrictions. The U.S. Department of Justice is conducting a separate criminal probe.
In a legal challenge earlier last week, Massey accused MSHA of requiring ventilation designs that aggravated methane levels in the mine, which is the suspected cause of the April blast.
The explosion was the worst coal mine disaster in 40 years and has prompted Democrats in the House and Senate to prepare sweeping new mine safety legislation. The bill to be introduced in the House as early as this week, will increase penalties for violations, strengthen whistleblower protections and expand MSHA’s subpoena power in investigations, according to the Associated Press.
Related Links: At Least 10 Dangerous Mines Excluded From Inspections in 2009
Massey Fires Legal Salvo at U.S. Mine Officials
Massey Points Fingers at Regulators for Deadly Mine Explosion

