WVa Court Rejects Appeal Of Coal Silo Near School

Massey is glad the case is over and the court agreed with its position, company spokesman Jeff Gillenwater said in an e-mail.

Coal River Mountain Watch blasted the decision.

"The West Virginia Supreme Court has once again proven that coal company profits outweigh law, science, justice, and basic human decency," the group said. "The court has given Massey Energy the go-ahead to put more tons of fine coal dust in the air that children breathe every school day during their crucial development years. Placing a second coal silo within 300 feet of the school is a clear violation of the intent of the law, which is to protect the public."

The group called on Gov. Joe Manchin and Raleigh County to replace the school.

Chief Justice Brent Benjamin did not take part in the decision. The case was argued this spring, during a period when Benjamin disqualified himself from appeals involving Massey while the U.S. Supreme Court reviewed an unrelated case in which he voted with the majority to overturn a jury verdict against the company.

The nation's highest court overturned that case Monday, ruling elected judges must step aside from cases when large campaign contributions from interested parties create an appearance of bias. Massey Chief Executive Don Blankenship spent more than $3 million to help Benjamin win election in 2004.