Cases Currently on Review Before the Commission
McNary v. Alcoa World Alumina
On remand from the Commission, whether the Judge erred by ruling that the Complainant had failed to establish that his supervisor’s actions constituted unlawful interference with his rights under the Mine Act.
Solar Sources, Inc.
Whether the Judge abused his discretion and failed to adequately explain the basis for the penalty he imposed.
Sunbelt Rentals, Inc.
Whether the Judge erred in ruling that a particular location in a preheat tower was a “working place” for purposes of an examination requirement.
Peabody Midwest Mining, LLC
Whether the Judge erred in concluding that a violation of the mine’s Emergency Response Plan was “significant and substantial.”
The Doe Run Co.
CENT 2015-318-RM et al.
On cross petitions, whether the Judge erred in concluding that the operator had violated certain standards based on strict liability and whether the Judge erred by failing to conduct separate S&S and negligence analyses for the different violations.
The Monogalia Coal Co.
Whether the Judge erred in denying the Secretary the opportunity to present evidence of prior violations to support his allegation that repeated flagrant violations had taken place.
Thomas v. CalPortland Co.
Whether the Judge erred in concluding that the operator discriminated against the miner because of his safety complaints.
KenAmerican Resources, Inc.
Whether the Judge erred in concluding that the operator’s employees had not given advance notice of an MSHA inspection.
M-Class Mining, LLC
Whether the Judge erred in ruling that a section 103(k) safety order was validly issued and was not an abuse of discretion.
Northshore Mining Co., et al.
On cross-petitions, whether the Judge erred in concluding that findings of violations and unwarrantable failure were supported by substantial evidence; whether the Judge erred by requiring a higher negligence showing to establish the “reckless failure” component of a flagrant violation than is required to establish reckless disregard and unwarrantable failure.
American Aggregates of Michigan, Inc.
On interlocutory review, whether the Judge abused his discretion in denying the Secretary’s motion to approve settlement.
Hopedale Mining LLC
Whether the Judge erred in denying the parties’ motion for settlement and dismissing the case because the Secretary had not met his burden.
Scott and Thomas, employed by Mill Branch Coal Corp.
VA 2018-103 et al.
Whether the Judge erred by dismissing civil penalty proceedings because he determined that the proposed penalty assessments were filed too late.
Knight Hawk Coal, LLC
Whether the Judge erred in overturning the Secretary’s revocation of the mine’s ventilation plan.
Consol Pennsylvania Coal Co., LLC
Whether the Judge erred in ruling that the operator’s walkaround rights under section 103(f) had not been violated.