Cases Currently on Review Before the Commission | Federal Mine Safety and Health Review Commission

Date Updated

06/25/2024

No.	Case Name Docket No.	Date When Review was Granted	Description of the Case
1	Crimson Oak Grove Resources, LLC SE 2021-0112, et al	3/2/22	Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the vacating of penalties.
2	Knight Hawk Coal, LLC LAKE 2021-0160	4/7/22	Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the removal of a “significant and substantial” designation.
3	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.
4	County Line Stone Co. YORK 2022-0003	8/5/22	Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the vacating of penalties.
5	Greenbrier Minerals, LLC WEVA 2022-0403	12/6/22	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.
6	Bluestone Oil Corp. WEVA 2022-0176, 2022-0350	12/7/22	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.
7	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.
8	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.
9	SOL obo Hargis v. Vulcan Constr. Materials, LLC SE 2021-0163, 2022-0001, 2022-0013	1/9/23	(1) Whether the Judge erred in terminating economic temporary reinstatement on the date he issued the merits decision; (2) Whether the Judge erred in dismissing the Complainant’s discrimination case on the basis that there was no improper discriminatory motive; (3) Whether the Judge erred in finding that the operator failed to report an occupational injury, in violation of 30 C.F.R. § 50.20(a).
10	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.
11	Cactus Canyon Quarries, Inc. CENT 2022-0010	6/30/23	Whether a stone finishing plant constitutes a “mine” under section 3(h)(1)(c) of the Mine Act?
12	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.
13	Morton Salt, Inc. CENT 2023-0072, et al.	10/3/23	Whether the Judge erred in his dismissal of the operator’s contest proceeding as moot.
14	Geneva Rock Products, Inc. WEST 2022-0097	12/14/23	Whether the Judge abused his discretion when he ordered a stay of the case for an indefinite duration.
15	Morton Salt, Inc. CENT 2023-0120	12/29/23	Whether the Commission has authority to review the Secretary’s decision to issue a notice of pattern of violations.
16	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.
17	Prairie State Generating Company, LLC	4/11/24	Whether the Judge erred in finding the violation of 30 C.F.R. § 75.517 was significant and substantial.
18	Ben’s Creek Operations WV, LLC	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.
19	Nally & Hamilton Enterprises, Inc.	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).
20	SOL o/b/o Baumann v. Moseneca Manufacturer, LLC d/b/a American Tripoli	6/18/24	Whether the Judge’s decision is contrary to law regarding the meanings and application of the “discrimination” and “interference” provisions in section 105(c) complaints, and whether the provisions are ambiguous and deserving of deference to the Secretary’s interpretation.

No.

Case Name

Docket No.

Date When Review was Granted

Description of the Case

Crimson Oak Grove Resources, LLC

SE 2021-0112, et al

3/2/22

Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the vacating of penalties.

Knight Hawk Coal, LLC

LAKE 2021-0160

4/7/22

Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the removal of a “significant and substantial” designation.

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.

County Line Stone Co.

YORK 2022-0003

8/5/22

Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the vacating of penalties.

Greenbrier Minerals, LLC

WEVA 2022-0403

12/6/22

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.

Bluestone Oil Corp.

WEVA 2022-0176, 2022-0350

12/7/22

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.

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.

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.

SOL obo Hargis v. Vulcan Constr. Materials, LLC

SE 2021-0163, 2022-0001, 2022-0013

1/9/23

(1) Whether the Judge erred in terminating economic temporary reinstatement on the date he issued the merits decision; (2) Whether the Judge erred in dismissing the Complainant’s discrimination case on the basis that there was no improper discriminatory motive; (3) Whether the Judge erred in finding that the operator failed to report an occupational injury, in violation of 30 C.F.R. § 50.20(a).

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.

Cactus Canyon Quarries, Inc.

CENT 2022-0010

6/30/23

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

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.

Morton Salt, Inc.

CENT 2023-0072, et al.

10/3/23

Whether the Judge erred in his dismissal of the operator’s contest proceeding as moot.

Geneva Rock Products, Inc.

WEST 2022-0097

12/14/23

Whether the Judge abused his discretion when he ordered a stay of the case for an indefinite duration.

Morton Salt, Inc.

CENT 2023-0120

12/29/23

Whether the Commission has authority to review the Secretary’s decision to issue a notice of pattern of violations.

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.

Prairie State Generating Company, LLC

4/11/24

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

Ben’s Creek Operations WV, LLC

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.

Nally & Hamilton Enterprises, Inc.

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).

SOL o/b/o Baumann v. Moseneca Manufacturer, LLC d/b/a American Tripoli

6/18/24

Whether the Judge’s decision is contrary to law regarding the meanings and application of the “discrimination” and “interference” provisions in section 105(c) complaints, and whether the provisions are ambiguous and deserving of deference to the Secretary’s interpretation.