8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

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FORM 8-K

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CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(D) OF

THE SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported):  January 17, 2008 (January 17, 2008)

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MASSEY ENERGY COMPANY

(Exact name of registrant as specified in its charter)

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Delaware	1-7775	95-0740960
(State or other jurisdiction of incorporation )	(Commission File Number)	(IRS Employer Identification No.)

4 North 4th Street, Richmond, Virginia	23219
(Address of principal executive offices)	(Zip Code)

Registrant’s telephone number, including area code: (804) 788-1800

N/A

(Former name or former address, if changed since last report)

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Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 8.01. Other Events.

On January 17, 2008, Massey Energy Company (the “Company”) issued a press release announcing that it has settled the Clean Water Act lawsuit filed in May 2007 on behalf of the Environmental Protection Agency (“EPA”).

The Company’s press release dated January 17, 2008 is attached as Exhibits 99.1 and is hereby incorporated by reference into this Item 8.01.

Item 9.01.  Financial Statements and Exhibits.

(d) Exhibits.

Exhibit Number	Description of Exhibit
99.1	Press release dated January 17, 2008 issued by the Company entitled “Massey Energy Resolves EPA Clean Water Act Suit.”

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	MASSEY ENERGY COMPANY
Date: January 17, 2008	By:	/s/ Richard R. Grinnan
	Name:	Richard R. Grinnan
	Title:	Vice President and Corporate Secretary

Exhibit Index

Exhibit Number	Description
99.1	Press release dated January 17, 2008 issued by the Company entitled “Massey Energy Resolves EPA Clean Water Act Suit.”

EX-99.1

Exhibit 99.1

FOR IMMEDIATE RELEASE

Contact:

Shane Harvey

Assistant General Counsel

(304) 926-0075

MASSEY ENERGY RESOLVES EPA CLEAN WATER ACT SUIT

Innovative Environmental Protection Efforts

 and River Improvement  Projects Highlight Agreement

Charleston, West Virginia, January 17, 2008 – Massey Energy Company (NYSE: MEE) today announced that it has settled a Clean Water Act lawsuit filed in May 2007 on behalf of the Environmental Protection Agency (EPA).  The $20 million settlement avoids expensive litigation, resolves questions about the company’s potential liability and enhances Massey’s environmental protection efforts.

“We believe this agreement will benefit the environment as well as our shareholders,” said Baxter F. Phillips, Jr., a member of Massey Energy’s Board of Directors and the company’s Executive Vice President and Chief Administrative Officer.

The company worked with the EPA to make technology a key component of the company’s future environmental compliance efforts.  The company has developed an innovative computer tracking system that will provide accelerated notification of potential water quality problems, automated leak detection systems for the company’s coal preparation plants, and an enhanced environmental auditing program that will also use computer technology.

“We will be setting a new standard for environmental compliance in the coal industry,” said Phillips.

Massey Energy also agreed to perform 20 water quality improvement projects on the Little Coal River in West Virginia and will set aside 200 acres of riverfront property, protecting the land from future development through conservation easements.

Commenting on the settlement, the Company’s chairman and CEO Don Blankenship said, “It was important to us that the agreement have local environmental benefits.”

Massey Energy has asked the West Virginia-based Coal River Group for assistance in monitoring the conservation easement properties to ensure that the 200 acres are appropriately protected.  The Coal River Group is an award-winning watershed group that was formed to preserve history and develop tourism and recreation on the Coal River.  In recent years, the Coal River Group has developed a canoe trail on the Coal River known as the Walhonde Water Trail and has conducted a program to monitor the health of the river.   “We are excited about the opportunity to increase the amount of land protected by conservation easements as part of our efforts,” said Bill Currey, President of the Coal River Group.

Phillips noted that the $20 million dollar settlement is higher than the company’s initial estimate, but far lower than the published estimates of some equity analysts and media sources unfamiliar with the manner in which Clean Water Act penalties are calculated.

“When we factored in the costs and uncertainties of litigation and the absorption of management time on the matter, we concluded that our shareholders would be best served by a timely settlement that eliminated any continuing concern caused by the estimates of some sources regarding our potential exposure,” said Phillips.

The Company had previously established a $5 million reserve for the lawsuit.  An additional $15 million will be reflected in the Company’s fourth quarter results.  The settlement amount will not be deductible for tax purposes.

The EPA said in the settlement agreement that it considered the outcome “fair, reasonable, and in the public interest.” The agreement was filed with the U.S. District Court for the Southern District of West Virginia and must be approved by the Court before it becomes final.

Company Description

Massey Energy Company, headquartered in Richmond, Virginia, with operations in West Virginia, Kentucky and Virginia, is the fourth largest coal company in the United States based on produced coal revenue.

FORWARD-LOOKING STATEMENTS: The foregoing release contains forward-looking statements. Such forward-looking statements reflect current analysis of existing information. Caution must be exercised in relying on forward-looking statements. Additional information concerning factors that could cause actual results to differ materially from those in the forward-looking statements can be found in press releases as well as Massey's public periodic filings with the Securities and Exchange Commission, including Massey's Annual Report on Form 10-K and subsequently filed interim reports. Such filings are available either publicly or upon request from Massey's Investor Relations Department: (866) 814-6512. Massey disclaims any intent or obligation to update its forward-looking statements. For further information, please visit the Company's website at www.masseyenergyco.com.