Massey Units Say MSHA Approval System Unconstitutional

Law360, Washington (July 22, 2011, 2:34 PM EDT) -- Several Massey Energy Co. mine operators told a Washington federal judge on Friday that their suit accusing the Mine Safety and Health Administration of blocking proposed ventilation methods that would protect miners could prove that the agency acted unconstitutionally.

The suit claims the MSHA violated the operators' right to due process and improperly used its regulatory authority to control the design of mine ventilation systems. The agency has exceeded its authority and effectively dictated ventilation plans for mines by rejecting those that differ from its preferred...
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