Pamela Manson - The Salt Lake Tribune

A lawyer for The Salt Lake Tribune and other news media on Thursday asked a federal judge to allow public access to fact-finding procedures by the Mine Safety and Health Administration into the Crandall Canyon mine disaster.

Michael O'Brien argued that the First Amendment and court precedent require interviews being conducted by an MSHA panel be open. The panel began its probe on Sept. 17 and has been conducting interviews in various locations, including the College of Eastern Utah. The mine agency says opening the proceedings would discourage witnesses from being candid. The mine's owners also oppose public access, saying they want to protect confidential business and financial information.

 U.S. District Judge Dee Benson took the issue under consideration and said he would try to issue a decision before the next round of MHSA interviews begins on Tuesday.

 Two catastrophic collapses in August at the central Utah coal mine killed six miners and three would-be rescuers. The panel - largely made up of current and former MSHA employees - reviews documents and interviews people knowledgeable about the incident, at times under oath and in the presence of a court reporter, according to the lawsuit.

The Tribune and other news outlets - including CNN, The Associated Press and the Deseret Morning News, as well as the Utah Media Coalition - filed suit Monday against U.S. Secretary of Labor Elaine Chao for access to the fact-finding meetings.

The media asked to be allowed to observe the proceedings, based on a federal court ruling stemming from the 1984 Wilberg mine disaster. That ruling held the MSHA investigation should be open to the public. However, the interviews were completed by the time of the ruling, and an appeals court vacated the order.

Link to article