Cases Currently on Review Before the Commission

Date Updated
02/26/2025

 

No.

 

Case Name

Docket No.

Date When Review was Granted

 

Description of the Case

 

1

Consol PA Coal Co.

 

PENN 2021-0084

7/18/22

Whether the Judge erred in concluding that a missing keeper pin violated 30 C.F.R. § 75.1725(a), that the violation was S&S, and that the violation was caused by low negligence; and whether the Judge erred in concluding that the operator’s permissibility violation was S&S.   

2

Genesis Alkali, LLC

WEST 2022-0189, 2022-0267, 2022-0250

12/12/22

Whether the Judge abused her discretion in denying the Nov. 29, 2022, motions to approve settlement. 

3

Rulon Harper Constr., Inc.,

WEST 2022-0249, 2022-0250

12/15/22

(1) Whether the Judge abused her discretion in denying the motions to approve settlement.  (2) Whether the Secretary has unreviewable discretion to remove an S&S designation from a contested citation without the Commission’s approval under section 110(k) of the Mine Act. 

4

Canyon Fuel Co. and Tanner, emp. by Canyon Fuel Co.

 

WEST 2021-188, et al.

06/30/23

(1) Whether the Judge erred in finding that the operator had violated 30 C.F.R. § 50.10(b), that the violation was S&S and caused by unwarrantable failure; (2) whether the Judge erred in finding Allred and Cooper individually liable under section 110(c) for the operator’s violation of section 50.10(b); (2) Whether the Judge erred in finding that the operator violated 30 C.F.R. § 75.202(a); (3) whether the Judge erred in holding that Order No. 8541991 was not duplicative of Citation No. 8541894.

5

Cactus Canyon Quarries, Inc.

 

CENT 2022-0010 et al.

6/30/23

Whether a stone finishing plant constitutes a “mine” under section 3(h)(1)(c) of the Mine Act? 

6

Morton Salt, Inc.

 

CENT 2022-0176

8/2/23

Whether the Judge erred in concluding that violations of 30 C.F.R. §§ 57.3200 and 57.11053(c) were not significant and substantial. 

7

Matney v. Rockwell Mining, LLC

 

WEVA 2023-0126

1/17/24

Whether the Judge erred in sustaining a section 105(c)(3) complaint based on the operator’s alleged Part 90 violations.   

8

Prairie State Generating Company, LLC

 

LAKE 2022-0017

4/11/24

Whether the Judge erred in finding the violation of 30 C.F.R. § 75.517 was significant and substantial. 

9

Ben’s Creek Operations WV, LLC

 

WEVA 2023-0530

4/16/24

(1)Whether the Secretary lacks standing to challenge the Judge’s order granting a settlement motion; (2) Whether the Judge erred in granting a settlement motion.

10

Nally & Hamilton Enterprises, Inc.

 

KENT 2022-0084

5/14/24

Whether substantial evidence supports the Judge’s finding that a tree was not a hazardous condition that had to be reported and corrected within the meaning of 30 C.F.R. § 77.1713(a).

11

Mallery v. El Segundo Coal Co.

 

CENT 2024-0106

7/12/24

Whether the Judge erred in finding no adverse action; (2) Whether the Judge erred in issuing orders to show cause

12

Grimes Rock, Inc., 

 

WEST 2022-0334 et al

9/3/24

Whether the Judge erred in affirming two citations and an order that were issued after the operator failed to make temporary reinstatement payments following a Judge’s order of enforcement. 

13

Cargill Inc.,

 

LAKE 2022-0285 et al

9/26/24

(1) Whether substantial evidence supports the Judge’s determination that the operator did not violate 30 C.F.R. § 57.11051(a); (2) Whether the Judge erred in concluding that, even if a violation had been established, a lack of notice did not support the assessment of a penalty.

14

Cactus Canyon Quarries, Inc.

 

CENT 2023-0045

10/9/24

(1) Whether the Judge erred in denying a motion for recusal filed by the operator; (2) Whether a stone finishing plant constitutes a “mine” under section 3(h)(1)(c) of the Mine Act.

15

GMS Mine Repair & Maintenance

 

VA 2023-0021

10/16/24

(1) Whether the Secretary is collaterally estopped from enforcing a safeguard notice; (2) Whether the Judge erred in concluding that the operator violated a safeguard notice. 

 

16

SOL obo Saldivar v. 

Grimes Rock, Inc.

 

WEST 2021-0178

12/20/24

(1) Whether the Secretary erred in his ordering of additional temporary economic reinstatement; (2) Whether the Judge erred in denying the operator’s request for sanctions; (3) Whether the Judge erred in his ordering of interest; (4) Whether the Judge erred in denying a hearing request. 

 

17

National Lime and Stone Co.

 

LAKE 2024-0064

01/13/25

Whether the Judge erred in concluding that a piece of equipment was subject to the Mine Act.

 

18

W.G. Yates & Sons Construction Co.

 

SE 2023-0094

01/23/25

Whether the Judge erred in concluding that the operator violated 30 C.F.R. 56.4500 and that the violation was S&S.

 

19

Sec’y obo Rubio v. Castle Mountain Venture

 

WEST 2024-0283

01/30/25

Whether the Judge erred in sealing a settlement agreement.

 

20

Sec’y obo Barnes and Hall v. Warrior Met Coal Mining, LLC

 

SE 2021-0152, 2021-0155

02/13/25

Whether the Judge erred in concluding that the operator had violated section 105(c) of the Mine Act; (2) Whether the Judge’s assessment of penalty was erroneous; (3) whether the Judge erred in awarding prejudgment interest on backpay