Massey Fires Legal Salvo at U.S. Mine Officials

The company that owns the West Virginia mine where 29 people were killed earlier this year has filed a lawsuit against the Mine Safety and Health Administration, claiming that it failed to approve ventilation practices that would have benefited mine workers.

In the lawsuit, six subsidiaries of Massey Energy Co. claim that they were unable to challenge the MSHA’s ventilation-plan requirements, a violation of their rights under the U.S. Constitution.

“The goal of the lawsuit is pretty simple. It’s to retain some control of the ventilation plans our mines operate under,” Shane Harvey, Massey’s general counsel, told The Wall Street Journal.

The Massey subsidiaries that filed the case operate mines in W. Virginia and Kentucky, but not the Upper Big Branch mine that was the site of the fatal explosion in April.

A spokesperson for the MSHA said the agency does not comment on pending litigation but found “the timing and substance of a Massey Energy lawsuit against the agency curious.”

In May, workers testified that the Upper Big Branch mine’s ventilation system let methane gas build up, causing the explosion, Bloomberg reports. The disaster was the worst coal mining accident in 40 years, and authorities are still investigating the incident.

Meanwhile, a new report out of West Virginia claims the coal mining industry “actually costs West Virginia state taxpayers more than it provides.”

The study, written by the West Virginia Center on Budget and Policy and an environmental consulting company called Downstream Strategies, estimates that the coal industry cost the state $97.5 million more than it generated in fiscal year 2009.

The authors considered “legacy costs” in their calculations, things like pollution, safety threats abandoned mines pose and workers’ compensation debt.

The report notes coal production is likely to decrease, but projects the negative impacts of coal mining will increase.

“As mining declines in the future, the potential loss of state revenues will make it even more difficult to cover the annual and legacy costs of coal,” the report said.

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