Cases Currently on Review Before the Commission

Date Updated:
11/02/2017

Cases Currently on Review Before the Commission



No.


Case Name

Docket No.

Date When Review was Granted



Description of the Case

 

1

Pocahontas Coal Co.


WEVA 2014-395-R, et al.

1/6/16

Whether the Judge erred by finding that MSHA had established a pattern of violations at the mine in question.

2

Sims Crane


SE 2015-315

6/1/16

Whether the Judge erred in interpreting the standard providing that miners must stay clear of the suspended loads of a crane.

3

Secretary o/b/o

Greathouse, et al. v.

Monogalia County Coal Co., et al.


WEVA 2015-904-D et al.

6/9/16

Whether the Judge erred in ruling that certain bonus plans instituted by the operators interfered with miners’ rights under the Mine Act.

4

Mach Mining, Inc.


LAKE 2014-77, et al.

7/1/16

Whether the Judge erred by ruling that the operator did not violate the standard requiring that electrical protection devices on high-voltage longwall equipment be maintained.

5

Mach Mining, Inc.


LAKE 2014-746

9/29/16

Whether the Judge erred in upholding citations for excessive accumulations of coal and finding that they were S&S and resulted from high negligence.

6

The American Coal Co.


LAKE 2011-701

11/28/16

Whether on remand the Judge erred by not adequately explaining the basis for the assessed penalty amounts.

7

Secretary o/b/o McGary, et al.

v.

The Marshall County Coal Co., et al.


WEVA 2015-583-D, et al.

12/6/16

Whether on remand the Judge erred in requiring the operators’ CEO to personally read a prepared statement at the mines in question.

8

Lehigh Anthracite Coal, LLC, and

Wetzel


PENN 2014-108 et al.

1/3/17

Whether the Judge erred by ruling that sending a miner into the pit in question constituted “high negligence” rather than “reckless disregard.”

9

Kentucky Fuel Corp.


KENT 2015-383

1/12/17

Whether the Judge erred in finding high negligence with respect to a violation for inadequate training of a miner.

10

Alcoa World Alumina, LLC


CENT 2015-128-M, et al.

2/17/17

Whether the Judge erred in making negligence and unwarrantable failure determinations because he did not treat a particular employee as an agent of the operator.

11

Sims Crane


SE 2016-81

2/22/17

Whether the Judge erred in upholding a citation alleging that a miner had not used fall protection when required.

12

Signal Peak Energy, LLC


WEST 2016-624-R

4/17/17

Whether the Judge erred in concluding that the MSHA District Manager did not act arbitrarily or capriciously in rejecting the operator’s ventilation plan.

13

Pappas v. CalPortland Co., et al.


WEST 2016-264-DM

5/9/17

Whether the Judge erred in ruling that the operators had not discriminated against the miner by not rehiring him.

14

M-Class Mining, LLC


LAKE 2012-519

5/12/17

Whether the Judge erred by concluding that miner was not required to wear gloves while troubleshooting an energized continuous mining machine.

15

The American Coal Co.


LAKE 2011-13

5/25/17

On interlocutory review, whether the Judge applied an incorrect legal standard in denying the Secretary’s revised motion to approve settlement.

16

Wilson, et al. V. Armstrong Coal Co.


KENT 2015-673-D, et al.

6/15/17

On cross petitions, whether the Judge erred in ruling whether or not the operator interfered with the rights of miners’ representatives.

17

The American Coal Co.


LAKE 2009-35

7/25/17

Whether the Judge erred by ruling that certain coal accumulations constituted a flagrant violation under the Mine Act.

18

Consol Pennsylvania Coal Co.


PENN 2014-816

8/8/17

Whether the Judge erred in concluding that the operator violated a reporting requirement that applies when an accident has a “reasonable potential to cause death.”

19

Rain for Rent


WEST 2016-730-M

8/29/17

Whether the Judge erred by relying on state law in determining that a contractor violated a standard governing the inspection of pressure vessels.