The bad news... it's for the wrong reason.
The Charleston Daily Mail's Ry Rivard reports that Massey Energy is suing the U.S. Mine Health and Safety Administration (MSHA) for allegedly violating due process rights because they feel there is not an adequate process to challenge MSHA decisions.
The suit does not mention the Upper Big Branch (UBB) disaster specifically, but references issues related to mine ventilation, which are at the forefront of the ongoing UBB investigation.
The AP also has a story about the lawsuit.
It will be interesting to see how this plays out in the coming weeks. It seems like Massey is using the courts as part of its public relations strategy and attempting to shift the debate from their culpability to some complexities about regulations.
It reminds me of the advice my departed grandfather used to offer, "If you can't dazzle them with your brilliance, baffle them with bullshit."
Cross posted at WVaBlue.com.