November 7, 2008-- Citing his lack of jurisdiction over state agencies, Judge Josef Goodwin of West Virginia’s Southern Federal District Court dismissed the WV Board of Coal Mine Health and Safety from the legal proceedings involving the marking of gas lines on mine property. However, Judge Goodwin retained jurisdiction over the director of the WV Office of Miners’ Health Safety & Training, as an officer of the state and set the matter up for hearing before the Court.
The regulation in question, requiring gas companies to identify and mark active gas lines, was promulgated by the Board of Coal Mine Health and Safety following a mining fatality in 2006 when a dozer operator struck an active gas line.
The legal challenge to the rule was filed by the gas industry Federal District Court in June alleging the Board lacks jurisdiction over gas interests and the Board’s rule preempts regulatory authority of the US Department of Transportation and WV Public Service Commission over gas operations and pipeline safety.