CONSOL Energy, which killed three workers in a 2003 mine explosion, is suing the Mine Safety and Health administration failing in its duty to force CONSOL to make the workplace safe according to Stephanie Mencimer at the Washington Monthly
"The negligence of CONSOL, if any, was the result, in whole or in part, of the negligence of the Mine Safety and Health Administration," they write, demanding that the federal government pay any jury award against the companies that might result from the litigation, along with all their legal fees.Mencimer can't help but speculate on the ramifcations:
If it works, you can imagine the creative possibilities for companies in the midst of expensive litigation: Merck sues FDA for letting it sell Vioxx! Ford sues the transportation department for not demanding roll-over tests for SUVs! DuPont sues EPA for failing to notice when it dumped toxic chemicals into people's drinking water! And if the companies win, the federal government can pay all those big jury verdicts. It's amazing they didn't think of this sooner....Talk about frivolous lawsuits...