Crandall Canyon may not yield criminal charges

A federal prosecutor looking into the collapse of a Utah mine said the operator was struggling to meet production quotas and was aggressively taking the last of the coal inside a slowly crumbling mountain — all "recipes for a disaster."

U.S. Attorney Brett Tolman said that even if he finds evidence of negligence at Crandall Canyon, it might not be enough to warrant criminal charges — and he wasn't inclined to prosecute "bad business" practices, either. He said he was still looking deeper for evidence that could be brought before a grand jury.

The possible evidence includes allegations by federal regulators — vigorously denied by the company — that mine managers misrepresented early warning signs of danger at the central Utah mine, which collapsed in a spectacular instant on Aug. 6, 2007, trapping six miners who remain entombed there. Another three rescuers were killed by a cave-in 10 days later.

Tolman, who opened an investigation 10 months ago on a complaint from Rep. George Miller, D-Calif., said in a recent interview he was troubled by an "awful combination" of events that made for a "perfect" disaster, but "when you are trying to find whether or not there is criminal intent in the day-to-day operation of a mining company, it's a Herculean task."

Tolman said, "That's what makes it a very difficult thing because emotions are very high, and you have victims of a tragedy that are crying out for justice."

The mine's corporate owner, instead of responding to Tolman's specific remarks, issued a statement to The Associated Press.

"We truly believed the mine was safe — a belief that was shared by MSHA (the Mine Safety and Health Administration) itself, by expert mining consultants and by our own experienced miners. Still, this tragedy could not be averted," said Kevin Anderson, a Salt Lake City lawyer for Murray Energy Corp. affiliate Genwal Resources Inc., the co-owner and operator of the Crandall Canyon Mine.

"We continue to cooperate fully with the U.S. Attorney's Office. We are confident that upon completion of their review, they will conclude there was no criminal intent in this terrible event."

Satellite radar images indicate that a 69-acre section of the mine caved in — the equivalent of 63 football fields without the end zones. For sheer destruction, federal regulators found no other mining disaster in the last 50 years to compare to it.