Judge Denies Request For UBB Documents

{Washington, D.C.}...The Mine Safety and Health Administration doesn't have to turn over some information it gathered during the investigation of the Upper Big Branch mine explosion to the mine's former operator. Shortly after the 2010 blast that killed 29 men, Massey Energy subsidiary Performance Coal Co. filed Freedom of Information Act requests for what it called "potentially critical" material. Performance claimed the information could keep MSHA from prematurely assigning blame or deflecting attention from itself. In an opinion filed March 8th, U.S. Judge Richard J. Leon in Washington, D.C. denied Performance's request for relief and granted summary judgment to the Department of Labor and MSHA. Items that Performance was denied include "key testimony" from MSHA district manager Bob Hardman that could compromise integrity of the investigation. Judge Leon determined the defendants withheld the information to protect the inspectors, government employees, and miners from harassment, intimidation and the possibility of physical harm and to prevent an unwarranted invasion of their personal privacy.