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)
v.
POCAHONTAS COAL COMPANY LLC |
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Docket No. WEVA 2023-0092
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ORDER
On June 16, 2023, the Commission directed review of the captioned matter and stayed briefing.
On August 31, 2023, the Commission issued its decision in Consol Mining Co., Docket No. WEVA 2023-0141, concluding that the Judge erred in denying a settlement motion because the Secretary relied on Mechanicsville Concrete and American Aggregates of Michigan to support her position.
Upon reconsideration of the Secretary’s petition for discretionary review of the Judge’s decision in this captioned matter, the direction for review is hereby VACATED.
/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
Douglas W. Johnson, CLR
U.S. Department of Labor, MSHA
1293 Airport Road
Beaver, WV 25813
Jonathan R. Ellis
STEPTOE & JOHNSON PLLC
Chase Tower, Seventeenth Floor
P.O. Box 1588
Charleston, WV 25326
jonathan.ellis@steptoe-johnson.com
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