ARLINGTON, Va. — As the investigation of the tragic mine explosion at the Upper Big Branch Mine on April 5 continues, both Massey Energy and the Mine Safety and Health Administration (MSHA) have been exchanging a barrage of legal briefs and responses.

Massey, the parent organization for the mine in which 29 — men including one Mingo County resident — were killed this spring, filed a challenge to MSHA order prohibiting the company from conducting various inquiries of its own.

"It is troubling that MSHA would seek to limit the ability of investigators to locate and analyze important evidence that is essential in determining the cause of the Upper Big Branch mine accident," said Shane Harvey, General Counsel for Massey Energy. "MSHA's actions imply that the agency does not want a thorough, objective and inclusive inquiry."

This "evidence" includes the the use of cameras, electronic mapping and coal dust analysis by Massey.

The legal filing states, "MSHA's effort to prevent a more comprehensive inspection of the mine is particularly troubling in light of the fact that the agency itself is under scrutiny for demanding questionable mine ventilation modifications mere weeks prior to the accident. Because the law plainly does not permit MSHA to make (Massey) a bystander at an investigation of its own mine, (Massey) has respectfully requested that the Federal Mine Safety and Health Review Commission modify the Section 103(k) order so that the investigation of the Upper Big Branch accident can move forward in a credible fashion consistent with law."

It took little time for MSHA to issue a reply to Massey's challenge — actually it came the same day.

Amy Louviere, MSHA spokeswoman issued a statement that scolded Massey for being the only party in the investigation to balk at the agency's edict for the rules of the investigation.

“Both MSHA and the state of West Virginia developed specific protocols to protect the integrity of the underground portion of the investigation of Upper Big Branch Mine," she said.

However in her response, Louviere said that Massey will be allowed to be a part of the invesigation.

Massey investigators, who will accompany federal investigators during the course of the examination of the mine, can make suggestions to the sampling and photographic teams, and MSHA investigators will make every effort to accommodate their requests, she explained.