It comes just as the next phase of the investigation was set to get underway. International officials from the UMWA want to go into the Sago mine with federal investigators. But the International Coal Group has said it will try to stop them.

"This particular regulation allows for any party to be representative of miners if two or more miners sign papers requesting that," says Phil Smith with the UMWA. "That has occurred in this case and in fact we've had more than that, as I said, we have a couple of families as well."

The Associated Press reports ICG did try to block the UMWA Wednesday from entering the mine. Now the matter is in federal court.

In the meantime, the physical inspection of the mine is stalled.