FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVE., N.W., SUITE 520N
WASHINGTON, DC 20004-1710
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
v.
CONSOL MINING COMPANY LLC |
: : : : : : : |
Docket No. WEVA 2023-0141
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BEFORE: Jordan, Chair; Althen, Rajkovich, and Baker, Commissioners
ORDER
BY THE COMMISSION:
This case arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (2018) (“Mine Act”). On July 7, 2023, the Administrative Law Judge assigned to this matter issued an order granting certification of questions for interlocutory review.
Pursuant to Commission Procedural Rule 76, 29 C.F.R. § 2700.76, the Commission may review a Judge’s ruling, prior to the Judge’s final decision in the case, if certain conditions are met. This includes a Judge certifying that his interlocutory ruling involves a controlling question of law and that immediate review will materially advance the final disposition of the proceeding.
We find that the qualifications contained in Procedural Rule 76, 29 C.F.R. § 2700.76, have been met, and hereby GRANT interlocutory review.
/s/ Mary Lu Jordan
Mary Lu Jordan, Chair
/s/ William I. Althen
William I. Althen, Commissioner
/s/ Marco M. Rajkovich, Jr.
Marco M. Rajkovich, Jr., Commissioner
/s/ Timothy J. Baker
Timothy J. Baker, Commissioner
Distribution:
Emily Toler Scott
Counsel for Appellate Litigation
U.S. Department of Labor
Office of the Solicitor
Division of Mine Safety & Health
201 12th Street South, Suite 401
Arlington, VA 22202
Robert S. Wilson
Office of the Solicitor
U.S. Department of Labor, MSHA
201 12th Street, Suite 401
Arlington, VA 22202
D. Cass Trent, CLR
U.S. Department of Labor, MSHA
4499 Appalachian Hwy
Pineville, WV 24874
Jim McHugh
Hardy Pence LLC
10 Hale Street, 4th Floor
P.O. Box 2548
Charleston, WV 25329
Craig Aaron
CONSOL Energy Inc.
275 Technolgy Drive, Suite 101
Canonsburg, PA 15317
Michael G. Young
Administrative Law Judge
Federal Mine Safety and Health Review Commission
Office of the Chief Administrative Law Judge
1331 Pennsylvania Ave, NW, Suite 520N
Washington, DC 20004