Safety and Health Administration (MSHA) over the explosion, considered running against Manchin for the Senate, and called for a new investigation into the explosion. On May 25, 2017, he formally appealed his case to the U.S. Supreme Court. His petition argued that the U.S. District Court in Charleston and the 4th Circuit Court of Appeals in Richmond, Virginia, "both erred in rulings, and they claim Blankenship was a victim of politics." In August 2017, Blankenship funded a television ad featuring the sister of one of the miners killed in the Upper Big Branch coal mine explosion. The sister, Gwen Thomas, asks in the ad "if the United States Mine Safety and Health Administration insisted that changes be made which reduced Upper Big Branch's airflow before the explosion." She asks the government to publicly release the gas analyses taken after the explosion, and asks for help from Trump and Senators Joe Manchin and Shelley Moore Capito in getting answers. The US Center for Disease Control's (CDC) National Institute for Occupational Safety and Health (NIOSH) found that the initial explosion could have been prevented by MSHA forcing Massey to avoid a build up of gas, and that subsequent injury could have been prevented by forcing Massey to avoid build up of coal dust. The NIOSH's page on Mining, says that to avoid Methane buildup "Large fans circulate air in mines to provide ventilation to the working areas." In August 2018, Blankenship for Senate released a statement outlining a finding of the Department of Justice's Office of Professional Responsibility (DOJ-OPR) which had investigated Booth Goodwin and Steve Ruby, the prosecuting attorneys in Blankenship's federal trial. The DOJ-OPR found that both prosecutors were responsible for "recklessly" disregarding their discovery obligations. According to the release, at least 61 memoranda of witness interviews were not provided to Blankenship's defense team, and Blankenship's attorney believes these showed Blankenship had done nothing illegal. Groundwater Blankenship has been accused of withholding knowledge of pollution. According to court papers read by Geoff Goodell at Rolling Stone, groundwater pollution from coal slurry injection by Massey Energy was contaminating wells around his home. Blankenship had a water line built to his home from a nearby town. According to the accusation, Blankenship did not offer to provide uncontaminated water to any of his neighbors, and failed to inform them of any problem. Campaign against Warren McGraw In 2004, Blankenship contributed $3 million to