Media seek access to mine hearings
The complaint contends that there have been reports that the Mine Safety and Health Administration bears "some significant responsibility" for the Aug. 6 accident that killed six miners and, later, three rescuers.
There also have been allegations from various parties, such as the United Mine Workers of America and relatives of the trapped miners, that MSHA engaged in "inappropriate activity regarding its various statutory roles" after the disaster occurred.
"Thus, MSHA's actions are as much at the center of the ongoing public controversy regarding the accident as are the actions of the owner of Crandall Canyon," the complaint said.
The complaint seeks a court order stating that any investigation be public; it also wants the court to issue a restraining order and injunctions requiring Chao and her agents to not conduct investigative hearings into the disaster until media representatives can attend the proceedings and get any written transcripts of what transpired.
Attorneys for news organizations previously requested that reporters be allowed access to the proceedings of a group called the "MSHA panel," which has been reviewing the accident and is interviewing people who know about it. There also are plans for hearings in which witnesses will testify under oath in an arrangement much like a court, with a stenographer or court reporter keeping a record of what was said. Witnesses have been asked to keep quiet about whatever is said.
The news organizations maintain that the public has a constitutional right to know about the accident and what the panel is doing. There is widespread public interest and sympathy regarding the accident, and many questions about its cause and what type of rescue efforts were mounted, the complaint claims.
However, the Labor Department has denied these requests.
The Labor Department's acting solicitor, Jonathan Snare, previously stated it would be inappropriate to provide media access during a law enforcement investigation. Among other things, Snare argued this might pose the risk that witness testimony could end up being prejudiced, that witnesses might be subject to intimidation and that civil or criminal violators might realize that they are under suspicion.
The MSHA panel has indicated that a report and transcripts of "nonconfidential" testimony will be forthcoming after the hearings are concluded.
However, the court complaint suggests that, based on history, such proceedings take months to finish and what emerges is "limited" information.
Other participants in the complaint include the Salt Lake Tribune, Cable News Network, Associated Press and the Utah Media Coalition.
E-mail: lindat@desnews.com
Recent comments
Both sides in this controversy make sense to me. Couldn't there be a...
Julie | Oct. 2, 2007 at 8:07 a.m.
- Mass funeral for massacre victims 9:22 a.m.
- Obama: 'Africa not separate' 9:20 a.m.
- Former cop seeks parole 9:17 a.m.
- 5 hurt in latest Pamplona bull run 8:49 a.m.
- Delay in Jackson guardianship case 8:47 a.m.
- Attempted murder case refiled 1:58 a.m.
- Sports on the air 1:38 a.m.
- This weekend on TV 1:38 a.m.
- Birthdays for Saturday, July 11 1:38 a.m.
- 2 men cited on LDS plaza 1:37 a.m.
- Jazz brass debate Millsap match
- LDS seminary principal arrested
- 2 men cited on LDS plaza
- HBO defends U. logo use in 'Love'
- Jazz finances not quite so bleak
- Reactions on Boozer speculation
- Cash for Clunkers to get rolling soon
- Utahns among Texans' investors
- Teacher faces new sex charges
- Man spots his stolen car
- LDS seminary principal arrested
183 - Bronco collecting a galaxy of recruits
141 - Jazz talking Boozer trade?
137 - Blazers may offer Millsap a contract
123 - Jazz brass debate Millsap match
114 - Stadium of Fire flag burning was fake
94 - Fairness of BCS debated
81 - Chaffetz eyes challenging Bennett
75 - Letters: Single-payer system best
72 - Services bids farewell to Jackson
70
As more and more dads are put out of work in this economy, I've been...
The photographs are mysterious, brooding, dark. They show dimples and...
I feel sorry for the poor Chinese people. They have suffered so much from...
I guess the saints are like everyone else after all. Hmmmmmmmm. Now that is...
I think both Rigby and Cook need to be dealt with. This case shows if you get...
i spent over a year in iraq with the military, and you know what? even in a...
how many people are playing the "devil's advocate". Even more disgusting is...
It frightens me that so many young people are remembering this man as a...
If it was truly just a peck on the cheek, I'd say no big deal. If they were...
Millsap should not worth 9M and witht he front loaded bonus, I think Jazz may...
So if things are so rosy at Sleepy, why did they just let go the head pro?
The poor are heading south to the Mexican border, perhaps then the State of...

