Coal company ordered to pay $1.6 million

Coal company ordered to pay $1.6 million in fines after failing to answer lawsuit by MSHA

LONDON, Ky. (AP) -- An eastern Kentucky coal mining company has been ordered to pay $1.67 million after failing to respond to a lawsuit by the federal government.

U.S. District Judge Gregory Van Tatenhove issued the order Tuesday after D&C Mining Corp. failed to answer allegations that it owed fines on 1,244 citations.

The Mine Safety and Health Administration sued D&C Mining in U.S. District Court in London, Ky., in March, alleging that it accumulated more than 1,200 citations between Jan. 24, 2006 and Feb. 8, 2012, and had paid $1.1 million of the $2.7 million initially owed.

MSHA also sought to force D&C Mining to post a bond before conducting any future mining operations.

The company, which operates mines in Harlan County, did not file a legal response to the lawsuit within 20 days of being served as required by federal court rules, prompting Van Tatenhove to issue the default judgment.

In an affidavit, Assistant U.S. Attorney Brandon W. Marshall requested the default, saying the company had valid legal reason for failing to file a response after being served with the paperwork on May 15.

Along with the fines, MSHA is seeking $255,785 in interest on the unpaid debt starting Feb. 8.

A phone number for D&C Mining could not be located on Tuesday.

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