Labor Dept. Asks Court To Close Massey Mine In Ky. (NPR)

The Labor Department took an unprecedented step against a Kentucky coal mine Wednesday, asking that a federal judge shut it down immediately to protect the lives of those who work there.

In filing for a preliminary injunction in U.S. District Court, the government cites persistently dangerous conditions in Massey Energy's Freedom Mine No. 1 in Pike County. The action — the toughest enforcement action available to federal regulators — would shut down the mine until safety hazards are addressed and Massey Energy demonstrates it can operate the mine safely.

The Freedom Mine employs about 130 miners and was cited for safety violations more than 700 times this year alone.

The move is viewed by mine safety experts as one response to the deadly explosion in April at Massey's Upper Big Branch mine in West Virginia. Twenty-nine mine workers died in that tragedy, which has triggered civil and criminal investigations.

For 33 years, the agency has had the authority to take mining companies to federal court when they have serious and persistent safety violations. But this "injunctive relief" section of the Federal Mine Safety and Health Act has not been invoked until now.

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