Massey says delayed appeal has little effect

Massey says delayed appeal has little effect

CHARLESTON -- Massey Energy isn't expecting significant problems from a delay in an appeal of a ruling that threatens mountaintop removal coal mining.

Chief Executive Don Blankenship told securities analysts Friday that waiting a few more months for a decision won't be significant, but losing would create havoc.

The 4th U.S. Circuit Court of Appeals said Thursday it would wait until September to hear the appeal of a ruling that the Army Corps of Engineers violated the Clean Water Act by issuing valley fill permits for mountaintop removal mines without extensive environmental reviews. The corps maintains that more extensive reviews aren't necessary.

Originally, Massey predicted the ruling could cut 9 million tons of production next year. Now Blankenship says that number is zero.

Massey is the nation's fourth-largest coal producer by revenue and operates 19 mining complexes in West Virginia, Virginia and Kentucky.