The state Surface Mine Board is considering two appeals by Massey Energy seeking to overturn regulatory orders blocking the company from building a coal storage silo and using a coal stockpile.
Board members held hearings on both appeals Tuesday but did not issue a decision in either case.
In the silo case, Massey's lawyers claim the state Department of Environmental Protection denied a subsidiary's application to build a second coal silo next to Marsh Fork Elementary School in Raleigh County for political reasons.
D.E.P. lawyer Tom Clarke says Massey can't build the silo if it's not part of the operation's original permit.
Massey also is appealing a D.E.P. order that prohibits it from resuming use of a coal stockpile at its Elk Run Coal preparation plant in Boone County unless it's covered with a dome or other enclosure.