Prior to the judge's latest ruling, United Mine Workers of America (UMWA) president Cecil Roberts stated, "I promise you the UMWA and our friends in the black lung community will continue to fight this lawsuit with all our might."

UMWA safety director Joe Main said that it is the union's "strong belief that if the Bush administration had chosen not to support the coal industry's lawsuit, there never would have been a preliminary injunction issued.... We are very angry about it."

The injunction, approved February 9 by Sullivan, puts on hold many sections of the new regulations governing black lung benefits. The rules were published in December and came into effect on January 19, the last day of the Clinton administration, after an almost four-year review process.

Sullivan granted the injunction in response to a lawsuit brought by the coal bosses, through their National Mining Association. When the suit reached court, the Bush administration weighed in on the side of the bosses, backing their request that the new regulations not be implemented. The coal bosses have vigorously opposed the rule changes, claiming they will result in the closure of many small mines.

The union pointed out that contrary to the claims of government attorneys that only 1 or 2 percent of new claims for black lung benefits would be delayed, nearly half of all claims could be delayed by the injunction granted by the judge. Almost 500 new claims are filed every month by miners and miners' widows. The union filed a "motion to reconsider," contending that the injunction was granted based on inaccurate claims by the government's attorneys. A final ruling by the judge on the suit will not come until late May.  
 
Rules a modest improvement
Roberts explained that the new rules "would have only modestly increased the approval rate--from just above 7 percent to about 12 percent--although we considered any movement upward as positive movement." He noted, "The costs to the coal operators were estimated by their own experts to amount to six cents per ton.... In the grand scheme, these costs are nominal and did not warrant the lawsuit."

At the same time as the coal bosses are mounting this campaign against changes in the black lung regulations, with their claims that it will bankrupt some coal operators, industry sources have been reporting a resurgence in coal. Share prices of coal companies have gone up and coal contracts have increased.

The UMWA president also challenged George Bush to "talk to the many black lung victims...and explain his administration's support for the industry's lawsuit." Roberts said, "What appalls me most is that President Bush campaigned throughout the coalfields on his strong support for black lung benefits. It did not take long for that rhetoric to fall flat."

The UMWA has also issued a five-page summary of the new regulations that explains how some of the rules are favorable to miners and some are unfavorable.

Those benefiting miners include:

• Limitation on evidence. The summary explains that "because operators have far more money than miners, they currently swamp miners with scores of...expert medical reports as well as countless depositions." But that under the new regulations, "each side would have the opportunity to submit only...two medical reports." The summary concludes that this "will substantially help to level the playing field and ensure that cases will be decided on the basis of the most reliable evidence, and not always in favor of the party who can purchase the most evidence."
• Recognition of treating physician. The regulations include a rule that says the opinion of the miner's treating physician may be given controlling weight on the question of whether the miner suffers from black lung and whether it is disabling.
• The summary explains that the new rules make it easier for a widow to win black lung benefits. The operators said that black lung had to be the sole cause of the miner's death. The new rule says that as long as death is hastened by black lung, the widow wins the claim.
• A miner's lawyers can now be paid for all his work, from the beginning of the case. But a lawyer can only collect a fee if a miner's claim wins.

• Quality standards which can be used to invalidate evidence. The UMWA explains that "many of these rules are unnecessarily strict" and that "there is no question that these new rules will hurt miners whose doctors are not as familiar with these hyper-techincal standards." This could be used to invalidate evidence submitted by a miner's own doctor, undercutting the value of the special weight given to this evidence.
• Miners have to take their initial medical examinations from doctors in their own state or contiguous states. In the past, a miner could select any doctor on the list. The UMWA points out that "particularly for miners in Alabama and Wyoming, this may make it very difficult to obtain a fair initial evaluation."
• If the miner misses a conference on his case, his claim will be denied.
• Miners who are disabled by a combination of diseases cannot win claims. It explains that under the new rules, a miner must prove that black lung alone disables him.