Federal officials may take unusual step to seize mine
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Federal safety officials Monday threatened to seize control of the explosion-wracked Upper Big Branch mine, saying its owner, Massey Energy, has impeded the investigation into the April 5 blast that killed 29 coal miners.
The move would mark a rare use of the so-called "J" order, which allows the secretary of labor to take control of a mine in the course of an investigation.
"MSHA is attempting to negotiate with Massey to come up with a reasonable solution," said Amy Louviere, a spokeswoman for the Mine Safety and Health Administration. "We would like to avoid taking legal action. However, if we can't reach a resolution, we will consider using any tools at our disposal that we feel are warranted."
The explosion at the mine in Raleigh County, W.Va., sparked a trio of accident investigations as well as a separate federal criminal probe.
The dispute centers on Massey's refusal to allow state and federal investigators to run water through a shearing machine on the mine's long wall area. Investigators want to test the machine's water spray unit, which is designed to suppress explosive coal dust during cutting.
Sources with direct knowledge of the probe said the company has refused to provide a water supply, saying it would compromise evidence Massey needs for its investigation.
Federal and state officials were told Wednesday that the water would not be provided, prompting the threat of a sweeping federal takeover.
Massey vice president Shane Harvey issued a statement Monday night accusing MSHA of seeking to "destroy" evidence.
"For the last several weeks, MSHA has tried to force the Company to destroy critical evidence and has inexplicably prevented the Company from applying the latest technology in its investigation," Mr. Harvey said. "The Company has sought MSHA's cooperation, but MSHA appears reluctant to allow any investigation that may reach a conclusion different than the one MSHA reached mere days after the explosion on April 5th."
First Published November 16, 2010 12:00 am
