Reacting to news reports, Byrd criticized Massey for refusing to provide assistance to replace Marsh Fork Elementary School.

The school is beside a Massey coal silo and at the foot of one of the company's slurry ponds. Massey has received approval to build a second coal silo adjacent to the school.

In the release, Senator Byrd said, “If Massey were not operating near Marsh Fork Elementary, we would not be debating what to do about moving these young students someplace safer. This is not the taxpayers’ burden to remedy. This is Massey Energy’s responsibility to address.”

Byrd added that, “Let me be clear about one thing – this is not about the coal industry or their hard-working coal miners. This is about companies that blatantly disregard human life and safety because of greed. That is never acceptable.”

Massey could not be reached for comment about Byrd's statements.