Questioning why Massey Energy Co. has set aside only $16 million to cover a $240 million judgment, Wheeling-Pittsburgh Steel Co. has requested the recusal of a justice who won his seat with the help of the coal producer's chief executive.

The steelmaker cites the "staggering and unprecedented amount of money'' Don Blankenship spent on Justice Brent Benjamin's 2004 Supreme Court race.

Estimated by the Massey president, chairman and CEO at $3.5 million, today's recusal petition contends his political campaign represents the costliest by a non-candidate individual "to affect a state court judicial election in the history of the United States.''

Co-plaintiff Mountain State Carbon joined Wheeling-Pitt in the request. The two companies link the reserve and Blankenship's spending to his pretrial testimony in the breach-of-contract case they won last year in Brooke County.

Asked whether his company would prevail, the Massey chief said, "Eventually. I don't know on the first trial, the second trial or the third trial, but at some point.''

"One with knowledge of these facts alone would conclude, rightly or wrongly, that Mr. Blankenship is flaunting what he perceived to be his 'inside track' with this Court,'' today's recusal petition said.

Benjamin had not responded to the petition today.

Court rules require justices to recuse themselves whenever their "impartiality might reasonably be questioned,'' but leaves the decision solely to the targeted jurist.

Chief Justice Elliott "Spike'' Maynard recused himself from the pending appeal Jan. 29, after vacation photos showed him with Blankenship in Monaco. While denying any wrongdoing, Maynard has withdrawn from at least two other Massey-related cases since the photos surfaced last month.

Massey unsuccessfully sought to disqualify Justice Larry Starcher before filing the appeal. It cited Starcher's numerous public comments critical of the company, its CEO and his 2004 campaign.

Among other remarks, Starcher has called Blankenship a "clown'' and said that "Massey has not been good corporate citizen.''

The steelmaker cites the "staggering and unprecedented amount of money'' Don Blankenship spent on Justice Brent Benjamin's 2004 Supreme Court race.

Estimated by the Massey president, chairman and CEO at $3.5 million, today's recusal petition contends his political campaign represents the costliest by a non-candidate individual "to affect a state court judicial election in the history of the United States.''

Co-plaintiff Mountain State Carbon joined Wheeling-Pitt in the request. The two companies link the reserve and Blankenship's spending to his pretrial testimony in the breach-of-contract case they won last year in Brooke County.

Asked whether his company would prevail, the Massey chief said, "Eventually. I don't know on the first trial, the second trial or the third trial, but at some point.''

"One with knowledge of these facts alone would conclude, rightly or wrongly, that Mr. Blankenship is flaunting what he perceived to be his 'inside track' with this Court,'' today's recusal petition said.

Benjamin had not responded to the petition today.

Court rules require justices to recuse themselves whenever their "impartiality might reasonably be questioned,'' but leaves the decision solely to the targeted jurist.

Chief Justice Elliott "Spike'' Maynard recused himself from the pending appeal Jan. 29, after vacation photos showed him with Blankenship in Monaco. While denying any wrongdoing, Maynard has withdrawn from at least two other Massey-related cases since the photos surfaced last month.

Massey unsuccessfully sought to disqualify Justice Larry Starcher before filing the appeal. It cited Starcher's numerous public comments critical of the company, its CEO and his 2004 campaign.

Among other remarks, Starcher has called Blankenship a "clown'' and said that "Massey has not been good corporate citizen.''

Benjamin has ruled against Massey in at least three cases since joining the court, records show. Two of those decisions rebuffed Massey's attempts to avoid paying millions of dollars in coal severance taxes.

Benjamin also recently helped vacate the Supreme Court's earlier ruling reversing a $76.3 million judgment against Massey in a Boone County contract dispute. But Benjamin had been part of the majority in the original decision, which had overturned the verdict won by Harman Mining Co.

Today's petition faults Benjamin for twice declining requests by Harman to withdraw from that case. Arguing that he had sidestepped previous questions about his impartiality, it calls on him to disclose any ties to Blankenship.

To underscore that point, the recusal petition refers to a new best seller by John Grisham. In "The Appeal,'' a chemical company tries to buy an election to the state Supreme Court to avoid a $41 million jury verdict.

The company's chief executive recruits an unwitting candidate for the scheme. In at least one interview, Grisham has invoked West Virginia's 2004 Supreme Court race when asked about his novel's plot.

The petition argues that Benjamin has failed to say whether Blankenship, Massey or their agents helped recruit him to run in 2004, offered to aid his campaign or has communicated with him since his victory.

"All of these issues are highly relevant in light of Mr. Blankenship's staggering campaign contributions, but have never been disclosed by Justice Benjamin,'' the petition said.

Wheeling-Pitt and Mountain State Carbon also note Benjamin's votes that have decided who would serve as the court's chief justice.

In 2006, Benjamin helped then-Chief Justice Robin Davis keep that post for another year, passing over Starcher. He also helped name himself as chief justice for 2009, after Justice Joseph Albright argued he was in line for the title that year.

Davis had helped overturn the Harman verdict, while Starcher and Albright had dissented. Benjamin also helped elect Maynard as chief this year, the petition said. Maynard was in the Harman majority as well.