Latest FMSHRC News

We are saddened to report the passing of our esteemed colleague, Judge Zane Gill.  Judge Gill worked out of our satellite office in Denver, CO.  He will be greatly missed by all who knew him.  For questions regarding cases that were before Judge Gill, please contact Kevin VanDyke at kvandyke@fmshrc.gov or law clerk Kirsten Brown at kbrown@fmshrc.gov.

Glynn F. Voisin, Chief Administrative Law Judge:

In view of the risks presented by the novel coronavirus COVID-19, the Federal Mine Safety and Health Review Commission, Office of the Chief Administrative Law Judge (OCALJ) is, effective immediately, suspending all in-person hearings, settlement judge conferences and mediations until Friday, July 10, 2020.

At the discretion of the presiding administrative law judge and in coordination with the parties, hearings may proceed by videoconference or by telephone. Similarly, settlement judge conferences and mediations may be held by videoconference or by telephone. If the parties agree that an evidentiary hearing is not needed, cases may also be presented for a decision on the record.

The parties will be notified if the hearing needs to be rescheduled. OCALJ will reassess the risks presented by in-person hearings prior to July 10, 2020, and issue a subsequent order informing the public as to whether the suspension of in-person hearings will continue.

If you have any questions with regard to the notice, please contact the presiding administrative law judge.

SO ORDERED.

On June 2, 2020, the Commission issued its decision in Peabody Midwest Mining, LLC, Docket No. LAKE 2017-450.  

On April 6, 2020, the Commission granted the petition for review filed by KC Transport, Inc.

In view of the risks presented by the novel coronavirus COVID-19,

the FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION,

Office of the Chief Administrative Law Judges (OCALJ) is, effective Monday,

April 1, 2020 through Friday, April 30, 2020, suspending all in-person hearings,

settlement judge conferences and mediations. With the consent of the parties and

in coordination with the presiding administrative law judge, hearings may continue

by telephone or by other means.  Similarly, settlement judge conferences and

mediations may be held by telephone or by other means. If the parties agree that

an in-person evidentiary hearing  is not needed, cases may also be presented

for a decision on the record.  The parties will be notified if the hearing needs to be

rescheduled.  OCALJ will reassess the risks presented  by in-person hearings prior to

April 30, 2020, and issue a subsequent Administrative Notice informing the public

as to whether the suspension of  in-person hearings will continue.  If you have any 

questions with regard to the notice, please contact the presiding administrative law

judge.

SO NOTICED.

The oral argument and open meeting for Northshore Mining, Co., Docket No. LAKE 2017-224, et al. has been postponed and will be rescheduled for a later date.  

Members of the public experiencing a “community spread” of the Coronavirus Disease 2019 (“COVID-19”) are discouraged from attending the Commission’s oral arguments and meetings until further notice.  Anyone interested in hearing an argument or meeting, may do so by calling: 1(866)236-7472; passcode 678100.

On March 12, 2020, the Commission issued its decision in Solar Sources Mining, LLC, Docket No. LAKE 2017-99.  

On February 5, 2020, the Commission issued a Sua Sponte Direction for Review and Briefing Order in the case of Marshall Justice v. Rockwell Mining, LLC, Docket No. WEVA 2018-48-D.  

On January 29, 2020, the Commission issued its decision in Robert Thomas v. CalPortland Co., Docket No. WEST 2018-402-DM.