Court rejects suit seeking stricter black lung rules

By Ken Ward Jr, Charleston Gazette
July 8, 2009

CHARLESTON, W.Va. -- A federal appeals court has turned down a Kentucky coal miner's effort to force the U.S. Mine Safety and Health Administration to write tougher limits on coal dust that causes black lung.

The 6th U.S. Circuit Court of Appeals ruled against Letcher County coal miner Scott Howard. In March 2008, Howard sued MSHA, alleging that the agency's failure to tighten dust limits left him working in unsafe conditions.

Howard argued that, under federal mine safety law, MSHA has a "plain legal duty to promulgate a respirable dust regulation that will eliminate respiratory illnesses caused by work in coal mines."

But a panel of 6th Circuit judges ruled that Howard could not successfully bring the lawsuit because he had not yet petitioned MSHA directly to write the regulations.

The Obama administration has said it is considering new rules on coal dust limits, but does not expect to publish a proposed rule until April 2011.

Howard filed suit against MSHA following a series of media reports and scientific findings that black lung, after years on the decline, is increasing among miners in the Appalachian coalfields.

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