May 18, 2010
Mine Safety & Health Administration Moves to Dismiss Survivors, UMW Federal Court Complaint
Wants Private Interviews Without Survivors Representatives
By Tony Rutherford
Huntingtonnews.net Reporter
Charleston, WV (HNN) – The Mine Safety and Health Administration (MSHA) has moved to dismiss a complaint brought by the estates of two miners killed in the Upper Big Branch (UBB) and the United Mine Workers of America (UMWA). Filed May 10 in U.S. District Court for the Southern District of West Virginia, the plaintiffs asked for “Public hearings to investigate the UBB mine disaster” that would include “representatives of the miners killed as well as the UMWA and any properly designated miners’ representative.”
The complaint would prevent continuation of private investigative interviews by MSHA. Those interviews have apparently already started and the complaint said will be tainted by “remaining secretive and inherently suspect.” (The plaintiff would allow an interviewee to request individual confidentiality, though.)
Since MSHA has been accused of possible improprieties itself in terms of not acting on violations in a timely manner, transparency becomes more imperative.
However, MSHA filed on May 17 a dismissal motion stating that the agency represents the Executive Branch of the United States government and is therefore “entitled to sovereign immunity” barring the court from jurisdiction to issue an injunction or other order.
“An action against an agency or officer of the United States is an action against the United States. Accordingly, the United States is the real party in interest. Federal agencies and their instrumentalities cannot be sued absent explicit authorization of Congress,” the dismissal document states.
Ironically, the dismissal motion is filed by an assistant United States Attorney for Charles T. Miller, who has hinted that his office is anxious to proceed with a criminal investigation. Previously, media reports have confirmed that the F.B.I. and other federal and state agencies are involved in an investigation into both the disaster and Massey Energy.
In the proposed Temporary Restraining Order to block “private” interviews by MSHA, council had stated “unless MSHA conducts a public hearing and utilizes its subpoena power for the investigation from the outset, the investigation will be wholly inadequate and may not uncover the root causes of the disaster.”
The UMWA arguing against private interviews stated : “If the Defendant conducts private investigative interviews, that process will likely impede its effort to determine the causes of the UBB disaster, which will harm the surviving miners from this underground coal mine and all others, as well as the families of those who perished at the UBB mine, and the public.”
If the court allows for the dismissal, MSHA will be allowed to conduct private interviews concerning the disaster and exclude miners’ and family representatives from those interviews.
To Download Estates of William I Griffith and Ronald Maynor, et. Al. vs. MSHA, Click HERE
To Download MSHA’s Motion to Dismiss, Click HERE
To Download Proposed Temporary Restraining Order, Click HERE
To Download Affidavit of United Mine Workers International, Click HERE
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Mine Safety & Health Administration Moves to Dismiss Survivors, UMW Federal Court Complaint
Wants Private Interviews Without Survivors Representatives
By Tony Rutherford
Huntingtonnews.net Reporter
Charleston, WV (HNN) – The Mine Safety and Health Administration (MSHA) has moved to dismiss a complaint brought by the estates of two miners killed in the Upper Big Branch (UBB) and the United Mine Workers of America (UMWA). Filed May 10 in U.S. District Court for the Southern District of West Virginia, the plaintiffs asked for “Public hearings to investigate the UBB mine disaster” that would include “representatives of the miners killed as well as the UMWA and any properly designated miners’ representative.”
The complaint would prevent continuation of private investigative interviews by MSHA. Those interviews have apparently already started and the complaint said will be tainted by “remaining secretive and inherently suspect.” (The plaintiff would allow an interviewee to request individual confidentiality, though.)
Since MSHA has been accused of possible improprieties itself in terms of not acting on violations in a timely manner, transparency becomes more imperative.
However, MSHA filed on May 17 a dismissal motion stating that the agency represents the Executive Branch of the United States government and is therefore “entitled to sovereign immunity” barring the court from jurisdiction to issue an injunction or other order.
“An action against an agency or officer of the United States is an action against the United States. Accordingly, the United States is the real party in interest. Federal agencies and their instrumentalities cannot be sued absent explicit authorization of Congress,” the dismissal document states.
Ironically, the dismissal motion is filed by an assistant United States Attorney for Charles T. Miller, who has hinted that his office is anxious to proceed with a criminal investigation. Previously, media reports have confirmed that the F.B.I. and other federal and state agencies are involved in an investigation into both the disaster and Massey Energy.
In the proposed Temporary Restraining Order to block “private” interviews by MSHA, council had stated “unless MSHA conducts a public hearing and utilizes its subpoena power for the investigation from the outset, the investigation will be wholly inadequate and may not uncover the root causes of the disaster.”
The UMWA arguing against private interviews stated : “If the Defendant conducts private investigative interviews, that process will likely impede its effort to determine the causes of the UBB disaster, which will harm the surviving miners from this underground coal mine and all others, as well as the families of those who perished at the UBB mine, and the public.”
If the court allows for the dismissal, MSHA will be allowed to conduct private interviews concerning the disaster and exclude miners’ and family representatives from those interviews.
To Download Estates of William I Griffith and Ronald Maynor, et. Al. vs. MSHA, Click HERE
To Download MSHA’s Motion to Dismiss, Click HERE
To Download Proposed Temporary Restraining Order, Click HERE
To Download Affidavit of United Mine Workers International, Click HERE
Share This Story:
Make HNN Your Homepage (IE Users Only)
