The documentation for the lawsuit was filed recently in the Southern District Court of Illinois. American Coal has also filed complaints with MSHA’s federal oversight agency, the Office of the Inspector General of the Department of Labor, for “abusive inspection practices” at Galatia in Salina County.

In a statement issued Monday, the operator indicated it had named assistant secretary of labour for coal mine safety and health Richard Stickler, MSHA acting administrator Kevin Stricklin, and the district managers and inspectors for the local District 8 agency office as defendants in the suit.

Specifically, the operator said it felt that MSHA ordered its inspectors to be quota-based in its violations, did not allow representatives for the company to be available during the mines’ inspections and did not notify anyone that an inspector was onsite for a review. All of these items, American Coal said, are violations of federal law.

“This action is another step in a plea for relief from what the company believes are not only unfair, but illegal inspection practices that threaten the company's ability to do business," said company attorney Richard Lieberman.

“MSHA has demonstrated a clear pattern of disregard for both the spirit and intent of the law, and there is no other option but to settle this in a court of law."

Specifically, American Coal said in its suit that MSHA imposed a quota on its inspectors of 0.4 violations per inspection hour, which goes against the boundaries of the Mine Safety Act of 1977.

Federal inspectors also entered the New Future operation – one of Galatia’s three active properties – and did not indicate to management that they were entering the mine, according to American Coal.

“Not only did such action deny company managers the right to accompany inspectors and participate in the inspection, but also violated the mine's emergency response plan which requires the company to be able to track all personnel underground in the mine, and which MSHA had approved,” officials for American Coal pointed out.

MSHA spokeswoman Amy Louviere told International Longwall News Tuesday that the agency could not comment at this time because it had not seen the complaint.

Last month, the federal regulator announced it was fining American Coal approximately $US1.5 million for safety violations at Galatia.

“We take the inspection process very seriously, and believe that it should be a cooperative interaction between inspectors and the company, with the goal of furthering employee safety in the mine," said Lieberman.

“However, when the agency repeatedly violates the law and then makes disparaging statements to the press, one has to wonder what their true agenda is."

Included in American Coal’s Galatia complex are the Galatia North mine, the New Era mine and the New Future operation, all longwalls. In total, the property employs 800 workers and produces more than 7 million tons of coal annually.