In December 2011, the U.S. Attorney’s Office for the Southern District of West Virginia, the U.S. Department of Justice, Alpha Natural Resources (ANR) and Alpha Appalachia Holdings entered into a nonprosecution agreement related to the explosion at the Upper Big Branch Mine (UBB) that killed 29 miners. This coal operation was owned by Performance Coal Co., an affiliate of Massey Energy Co., which was acquired by ANR in June 2011, more than a year after the UBB explosion. Pursuant to the agreement, ANR agreed to