U.S. District Judge Irene Berger ruled Monday that Massey can show at least $75,000 in potential damages, meaning the case qualifies for federal court. The defense had argued that the January protest at the heart of the lawsuit didn’t cause sufficient monetary damages to Virginia-based Massey.
Massey says the multi-day protest cost it more than $100,000, mostly to build a road to bring in a lift capable of helping activists climb down after several days camped out in trees at a Raleigh County mine.
The dismissal comes a day before Berger is scheduled to consider a request to hear other arguments in the case.
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