The United Mine Workers of America and the estates of two of the 29 miners killed in the April 5 explosion in West Virginia filed a challenge on May 10 and asked US district judge Irene Berger to stop the agency from conducting private witness interviews and to direct MSHA to hold investigation proceedings only via public hearings.

On May 20, the US District Court for the Southern District of West Virginia ruled that federal law did not authorize the lawsuit.

“We hope that those who supported the lawsuit will come to realize that, ultimately, MSHA’s overall investigation of the Upper Big Branch Mine explosion will be the most open and comprehensive investigation in the history of the agency,” solicitor of labor Patricia Smith said.

“People should understand that private interviews are an important part of our investigation, but they’re not the only part.”

While the initial phases of the review into the explosion’s cause will remain private, MSHA is planning a series of public hearings and forums to discuss possible causes once interviews and a physical examination of the mine is completed.

Those public events, the agency noted, will also seek to identify and develop corrective actions as well as procedures and strategies that can help prevent future similar incidents.

UMWA president Cecil Roberts said earlier this month when the challenge was filed that the union felt it “imperative” for victims’ families to hear the evidence to be gathered through the interviews for themselves.

“We also believe that the workers – who will have to go back to work in that mine – must be allowed to have their designated representative in the interviews, asking questions and hearing testimony first-hand,” Roberts said.

“The only way that can be accomplished is by MSHA holding an open and transparent investigation.”