Supreme Court Justice Elliott "Spike" Maynard has recused himself from another Massey Energy Co. case, this one involving the company's efforts to build a controversial coal silo near a Raleigh County elementary school.

Maynard notified Court Clerk Rory Perry Thursday afternoon that he had disqualified himself from the appeal.

Lawyers for the citizen group Coal River Mountain Watch are appealing a decision by Kanawha Circuit Judge Duke Bloom to allow Massey subsidiary Goals Coal Co. to build the silo.

Maynard's recusal comes two weeks after he stepped down from Massey's appeal of a $76.3 million judgment against the company after photos surfaced of Maynard vacationing on the French Riviera with Massey President Don Blankenship.

Last week, Maynard also withdrew from considering an appeal of a $220 million Brooke County verdict in favor of Wheeling-Pittsburgh Steel in a coal supply dispute with Massey.

But the coal silo case marks the first time Maynard has recused himself before a party in a pending case has asked him to do so.

Maynard cited a state rule that says "a judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned."

In Maynard's initial Massey recusal, lawyers for Harman Mining Corp. and its owner, Hugh M. Caperton, asked the justice to step down after Caperton's lawyer filed the vacation photos with the court.

On Nov. 21, 2007, the court voted 3-2 to overturn a Boone jury verdict, now worth $76.3 million, against Massey. Maynard voted in favor of Massey. After Maynard stepped down and Circuit Judge Donald H. Cookman of Hampshire County took his place, the court voted 5-0 to reconsider the Harman Mining decision.

Lawyers for Wheeling-Pittsburgh had also sought Maynard's recusal, citing the vacation photos and Maynard's friendship with Blankenship.

Supreme Court Justice Elliott "Spike" Maynard has recused himself from another Massey Energy Co. case, this one involving the company's efforts to build a controversial coal silo near a Raleigh County elementary school.

Maynard notified Court Clerk Rory Perry Thursday afternoon that he had disqualified himself from the appeal.

Lawyers for the citizen group Coal River Mountain Watch are appealing a decision by Kanawha Circuit Judge Duke Bloom to allow Massey subsidiary Goals Coal Co. to build the silo.

Maynard's recusal comes two weeks after he stepped down from Massey's appeal of a $76.3 million judgment against the company after photos surfaced of Maynard vacationing on the French Riviera with Massey President Don Blankenship.

Last week, Maynard also withdrew from considering an appeal of a $220 million Brooke County verdict in favor of Wheeling-Pittsburgh Steel in a coal supply dispute with Massey.

But the coal silo case marks the first time Maynard has recused himself before a party in a pending case has asked him to do so.

Maynard cited a state rule that says "a judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned."

In Maynard's initial Massey recusal, lawyers for Harman Mining Corp. and its owner, Hugh M. Caperton, asked the justice to step down after Caperton's lawyer filed the vacation photos with the court.

On Nov. 21, 2007, the court voted 3-2 to overturn a Boone jury verdict, now worth $76.3 million, against Massey. Maynard voted in favor of Massey. After Maynard stepped down and Circuit Judge Donald H. Cookman of Hampshire County took his place, the court voted 5-0 to reconsider the Harman Mining decision.

Lawyers for Wheeling-Pittsburgh had also sought Maynard's recusal, citing the vacation photos and Maynard's friendship with Blankenship.

In the coal silo case, Bloom last September upheld a state Surface Mine Board decision that the Department of Environmental Protection was wrong to deny Goals Coal's application for the silo permit.

The DEP and Massey have been battling over the silo since July 2005, when agency officials revoked a permit for the second of two coal silos Massey proposed for the operation at Sundial.

DEP mining director Randy Huffman acted after the Gazette revealed the silo was proposed to be built outside the permit area shown on site maps submitted by company engineers.

Bloom ruled against the DEP, saying the agency was wrong to conclude the new silo was a new mining operation and therefore not exempt from a 300-foot buffer zone around schools and other public buildings. The DEP had used that rationale to block the Goals silo permit.

Bloom also ruled against Coal River Mountain Watch, saying that mine permit boundaries are governed by both on-the-ground markers and outlines shown on company maps.

Coal River Mountain Watch lawyers Derek Teaney and Joe Lovett have appealed that portion of Bloom's ruling.

DEP lawyer Tom Clarke did not appeal the portion of Bloom's ruling that went against his agency.

But Clarke filed a brief that sided with Massey lawyer Bob McLusky in arguing that the court should not consider the citizens' group appeal.

The Supreme Court has not yet decided whether to hear the appeal.

To contact staff writer Ken Ward Jr., use e-mail or call 348-1702.