Massey Energy is challenging West Virginia's mandatory $100,000 fine for coal operators that do not report serious mining accidents to state officials within 15 minutes.

Gov. Joe Manchin and state lawmakers enacted the automatic fine in response to the Sago Mine disaster, and just days after two Massey workers died in a fire at the company's Aracoma Alma No. 1 Mine in Logan County.

Massey subsidiary Marfork Coal Co.'s challenge of the rule stems from a $100,000 fine levied by the state Office of Miners' Health, Safety and Training following the flood of a Marfork underground mine in March 2007.

No one was injured in the flood, but workers ended up in water that was more than knee-deep. The incident occurred at 12:04 p.m. on March 20, 2007, but Marfork did not report it to state officials until 1:12 p.m., nearly an hour late.

Marfork appealed a citation and the $100,000 fine to the state Board of Coal Mine Safety Appeals. Board members - including Massey employee Rick Dillon, an industry representative on the panel - upheld the citation, but cut the fine to $10,000.

State inspectors appealed, and Kanawha Circuit Judge Duke Bloom reinstated the fine, ruling that the appeals board did not have jurisdiction to reduce the mandatory fine.

Now, Marfork Coal lawyers have asked the state Supreme Court to overturn Bloom's decision.

State law requires state mine inspectors to impose the $100,000 fine for late reporting, but Marfork argues that that law does not also strip the appeals board of its jurisdiction in such cases.

Justices are scheduled to discuss the case during a private, preliminary conference on Thursday. The Supreme Court has not yet decided whether it will hear the matter.

This afternoon, Massey's Aracoma Coal Co. is scheduled to plead guilty in federal court to 10 criminal charges, including one felony, related to the January 2006 mine fire deaths. The company reached a deal with prosecutors to pay $2.5 million in criminal fines and $1.7 million in civil penalties in the case. Among the charge is that Aracoma did not promptly withdraw miners from the mine when a conveyor belt caught fire.

Reach Ken Ward Jr.at kw...@wvgazette.comor 304-348-1702.

Gov. Joe Manchin and state lawmakers enacted the automatic fine in response to the Sago Mine disaster, and just days after two Massey workers died in a fire at the company's Aracoma Alma No. 1 Mine in Logan County.

Massey subsidiary Marfork Coal Co.'s challenge of the rule stems from a $100,000 fine levied by the state Office of Miners' Health, Safety and Training following the flood of a Marfork underground mine in March 2007.

No one was injured in the flood, but workers ended up in water that was more than knee-deep. The incident occurred at 12:04 p.m. on March 20, 2007, but Marfork did not report it to state officials until 1:12 p.m., nearly an hour late.

Marfork appealed a citation and the $100,000 fine to the state Board of Coal Mine Safety Appeals. Board members - including Massey employee Rick Dillon, an industry representative on the panel - upheld the citation, but cut the fine to $10,000.

State inspectors appealed, and Kanawha Circuit Judge Duke Bloom reinstated the fine, ruling that the appeals board did not have jurisdiction to reduce the mandatory fine.

Now, Marfork Coal lawyers have asked the state Supreme Court to overturn Bloom's decision.

State law requires state mine inspectors to impose the $100,000 fine for late reporting, but Marfork argues that that law does not also strip the appeals board of its jurisdiction in such cases.

Justices are scheduled to discuss the case during a private, preliminary conference on Thursday. The Supreme Court has not yet decided whether it will hear the matter.

This afternoon, Massey's Aracoma Coal Co. is scheduled to plead guilty in federal court to 10 criminal charges, including one felony, related to the January 2006 mine fire deaths. The company reached a deal with prosecutors to pay $2.5 million in criminal fines and $1.7 million in civil penalties in the case. Among the charge is that Aracoma did not promptly withdraw miners from the mine when a conveyor belt caught fire.

Reach Ken Ward Jr.at kw...@wvgazette.comor 304-348-1702.