FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVE., N.W., SUITE 520N
WASHINGTON, DC 20004-1710
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SECRETARY OF LABOR MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
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CALPORTLAND COMPANY on behalf of GRIMES ROCK, INC. |
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Docket Nos. WEST 2022-0334 WEST 2023-0015 WEST 2023-0016 |
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BEFORE: Jordan, Chair; Baker and Marvit, Commissioners
ORDER
BY: THE COMMISSION
On August 22, 2024, Grimes Rock, Inc. (“Grimes Rock”) filed a petition for discretionary review of the above-captioned dockets, which the Commission granted.
On March 14, 2025, CalPortland Company (“CalPortland”) filed a Notice of Operator Change informing the Commission that the facility operating under Mine ID 04-05432 is now operated by CalPortland and that moving forward the respondent in the instant matter will list the current operator as “CalPortland on behalf of Grimes Rock, Inc.”
In light of the operator’s submission, we hereby amend the caption to reflect the change in operator.
On March 14, 2025, CalPortland on behalf of Grimes Rock also filed an unopposed motion to dismiss Docket Nos. WEST 2023-0015, WEST 2023-0016, and WEST 2022-0333. Upon consideration of Grimes Rock’s motion, the Commission’s direction granting review of Docket Nos. WEST 2023-0015 and WEST 2023-0016, is hereby VACATED and the operator’s appeal is DISMISSED.
With regard to Docket No. WEST 2022-0333, this case, along with Docket No. WEST 2022-0335, was previously dismissed by the assigned Administrative Law Judge on July 24, 2023.
Docket No. WEST 2022-0334, which was not included in the operator’s motion to dismiss, remains pending before the Commission.
/s/ Mary Lu Jordan
Mary Lu Jordan, Chair
/s/ Timothy J. Baker
Timothy J. Baker, Commissioner
/s/ Moshe Z. Marvit
Moshe Z. Marvit, Commissioner
Distribution
Kenneth H. Moss, Esq.
Pachowicz & Goldenring PLC
6050 Seahawk Street
Ventura, CA 93003
Tina Amoke
Pachowicz & Goldenring PLC
6050 Seahawk Street
Ventura, CA 93003
Mark R. Pachowicz, Esq.
Pachowicz & Goldenring PLC
6050 Seahawk Street
Ventura, CA 93003
Ryan M. Kooi, Esq.
US Department of Labor
Office of the Solicitor
Division of Mine Safety and Health
200 Constitution Avenue NW, Suite N4428
Washington, DC 20210
Alexandra J. Gilewicz, Esq.
Office of the Solicitor
U.S. Department of Labor
200 Constitution Ave. NW
Washington, DC 20210
Thomas A. Paige, Esq.
Deputy Associate Solicitor
US Department of Labor
Office of the Solicitor
Division of Mine Safety and Health
200 Constitution Avenue NW, Suite N4428
Washington, DC 20210
Emily O. Roberts, Esq.
Division of Mine Safety and Health
Office of the Solicitor
200 Constitution Avenue NW Suite N4420 – N4430
Washington, DC 20210
roberts.emily.o@dol.gov
Melanie Garris
US Department of Labor/MSHA
Office of Assessments, Room N3454
200 Constitution Ave NW
Washington, DC 20210
Chief Administrative Law Judge Glynn F. Voisin
Office of the Chief Administrative Law Judge
Federal Mine Safety & Health Review Commission
1331 Pennsylvania Avenue, NW, Suite 520N
Washington, DC 20004-1710