The first lawsuit stemming from August's Crandall Canyon mine disaster is formally taking shape.
Claims notices were sent Wednesday to the Intermountain Power Agency and the Los Angeles Department of Water and Power by attorneys for heirs of seven miners killed in a pair of mine-wall collapses - along with two miners injured in the ill-fated rescue effort.
The notices, required when lawsuits are imminent against governmental entities, do not make reference to the Crandall Canyon mine operator, Utah-American Energy Inc. or its parent company, Murray Energy Corp.
But Ed Havas, a Salt Lake City attorney representing the 26 claimants, said "litigation against Murray entities and others is possible, and indeed likely, in the future."
No monetary damage claims were specified.
Intermountain Power Agency is a co-owner of the Emery County mine. Much of the mine's extracted coal goes to IPA's power plants outside of Delta. The Los Angeles department is identified as an agent of IPA, serving as a "co-managing entity" on behalf of cities that have shares in IPA and the electricity it produces.
Based on state laws, South Jordan-based IPA has 60 days to respond, while the Los Angeles department has 45. Unless the agencies accept responsibility, actual lawsuits can be filed after that.
In a statement released Wednesday afternoon, IPA said "the loss of life and injuries at the Crandall Canyon Mine was tragic . . . IPA respects the right of individuals or families to pursue legal recourse in the courts, and IPA trusts in the fairness of the judicial system to address such litigation."
The notices contend both public agencies are responsible for the deaths and injuries by having "permitted mining activities to take place in the mine in an unreasonably dangerous and negligent manner."
Both agencies knew of dangerous conditions in Crandall Canyon and "had the time and opportunity to avert the tragedy," the notices added, but "caused or allowed to be implemented mining plans, procedures and practices that were unreasonably dangerous, negligent and posed an unreasonable risk of the harm that occurred."
Six miners - Kerry Allred, Don Erickson, Luis Hernandez, Juan Carlos Payan, Brandon Phillips and Manuel Sanchez - were extracting coal from the "south barrier pillar" in the mine's West Mains section on Aug. 6 when they were trapped by a major collapse of the mine's walls.
Ten days after a rescue effort ensued, Brandon Kimber was killed and colleagues Casey Metcalf and Joseph Randy Bouldin were injured in a second implosion of the mine walls. Two other miners who were killed and four who were injured in that incident are not part of this claim.
Minutes of monthly meetings between Crandall Canyon's co-owners, IPA and Murray Energy revealed that officials discussed a sizable ground failure in March that drove crews out of the "north barrier pillar" in the mine's West Mains.
Some engineering changes were made and a plan, approved by the federal Mine Safety and Health Administration, allowed crews to move into the south barrier pillar to continue "retreat mining," in which coal pillars supporting the roof are carved away. But the catastrophic collapse occurred Aug. 6, about 900 feet from the March failure.
Havas said the claims seek "justice for these families, to the extent you can do that with a lawsuit and compensation. Compensation is an imperfect way to get justice, but there isn't a better alternative because we can't turn back the hands of time and bring back their loved ones."
He added, "if it gets too expensive [for mining companies] to be dangerous, then safety gets improved."
mikeg@sltrib.com

