Miners' union sues MSHA for lifting Affinity Mine’s POV status
The United Mine Workers of America (UMWA) last week filed a complaint in the United States District Court for Southern District of West Virginia, charging that the U.S. Mine Safety and Health Administration (MSHA) unlawfully released Pocahontas Coal Company, LLC’s Affinity Mine from MSHA’s Pattern of Violations (POV) status in August.
The Complaint charges that, “Defendants are in violation of the Administrative Procedure Act (APA) for unlawfully ignoring the statutory and regulatory requirements for terminating a POV Notice and replacing it with another process that was not created by Congress or otherwise properly promulgated.”