trending Market Intelligence /marketintelligence/en/news-insights/trending/XqFQ3JceiXIQnGWWHRiFrQ2 content
Log in to other products

Login to Market Intelligence Platform

 /


Looking for more?

Contact Us

Request a Demo

You're one step closer to unlocking our suite of comprehensive and robust tools.

Fill out the form so we can connect you to the right person.

If your company has a current subscription with S&P Global Market Intelligence, you can register as a new user for access to the platform(s) covered by your license at Market Intelligence platform or S&P Capital IQ.

  • First Name*
  • Last Name*
  • Business Email *
  • Phone *
  • Company Name *
  • City *
  • We generated a verification code for you

  • Enter verification Code here*

* Required

Thank you for your interest in S&P Global Market Intelligence! We noticed you've identified yourself as a student. Through existing partnerships with academic institutions around the globe, it's likely you already have access to our resources. Please contact your professors, library, or administrative staff to receive your student login.

At this time we are unable to offer free trials or product demonstrations directly to students. If you discover that our solutions are not available to you, we encourage you to advocate at your university for a best-in-class learning experience that will help you long after you've completed your degree. We apologize for any inconvenience this may cause.

In This List

Arch Coal appeals jurisdictional ruling in black lung liability case

Q2: U.S. Solar and Wind Power by the Numbers

Essential Energy Insights - September 17, 2020

Essential Energy Insights September 2020

Rate case activity slips, COVID-19 proceedings remain at the forefront in August


Arch Coal appeals jurisdictional ruling in black lung liability case

A legal case between Arch Coal Inc. and the U.S. Department of Labor related to Patriot Coal Corp.'s black lung liabilities is scheduled for oral argument in circuit court Dec. 1.

In April 2016, Arch sued the department for what it claims as a final agency action of imposing black lung liability on prior stockholders or owners of Patriot Coal's subsidiaries, when Patriot became insolvent. A district judge dismissed Arch's complaint in March for lack of jurisdiction.

Arch sold several of its subsidiaries to Magnum Coal Co. in December 2005. As part of the sale, Magnum assumed the liabilities associated with the subsidiaries Arch divested. Magnum would later become a part of Patriot, now liquidated after its second bankruptcy reorganization in 2015.

In a Sept. 6 filing, Arch claimed that beginning Dec. 31, 2005, it did not insure any of the liabilities passed on to Magnum or Patriot and was not required to do so by the Labor Department.

Prior to Arch's sale to Magnum, the government had approved self-insurance of its own black lung benefits liability and "did not require Arch to include any of the Magnum entities in its self-insurance program projections or to provide security for these claims," the company stated in a legal brief filed with the U.S. Court of Appeals for the District of Columbia Circuit.

The coal company's filing said the Labor Department's regulations "specifically state that with respect to insurance coverage, the purchaser, not the seller, is responsible for the payment of benefits in the event a coal mine is sold whether or not the claimant worked for the mine when it was owned by the subsequent (or successor) operator of the mine."

"Arch had no reason to believe that the department might someday attempt to pierce the corporate veil and seek to hold it responsible as a remote stockholder for liabilities that were acquired by others."

The Department of Labor argued in an Oct. 2 brief that the department's bulletin "does not constitute final agency action" and that the notice of claim "does not definitively determine Arch's liability — that determination comes only after Arch is allowed to contest its liability before the district director, the administrative law judge and the board, any of whom may determine that Arch is not liable."

Arch is seeking to have the case returned to district court for adjudication.