Tough Mining Law Survives Court Test in Kentucky

Source: Associated Press


Tough Mining Law Survives Court Test in Kentucky

Tough mining law provision survives Ky. court test involving Massey mine, could be used again


The U.S. Department of Labor used the overlooked provision for the first time in the mine law's 33-year history to sue Richmond, Va.-based Massey in November, citing repeated problems of methane gas leaks, ventilation problems and roof collapses at its Freedom Energy No. 1 mine in Kentucky.


Massey voluntarily closed the mine last month and settled the suit Wednesday, a development that mine safety experts say attests to the fact that the enforcement provision used in the case could survive a court challenge.

Assistant U.S. Secretary of Labor Joseph Main said the use of section 108 of mine law was "clearly an unprecedented action," allowing federal regulators to file a civil action against a coal company for repeatedly violating safety laws.

"The fact that they were willing to use it against Massey and have been very clear that they're going to be willing to use it against whoever else sends a pretty strong message," said Phil Smith, a spokesman for the United Mine Workers of America.



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