Cases Currently on Review Before the Commission

Date Updated:
02/03/2017

Cases Currently on Review Before the Commission

 


No.


Case Name

Docket No.

Date When Review was Granted



Description of the Case

1

Portable, Inc.

 

EAJA 2015-1-M

8/11/15


 

Whether the Judge erred in ruling in this EAJA case that the Secretary’s position was not substantially justified.

2

Consol Pennsylvania Coal Co.

 

PENN 2013-385

9/8/15

Whether the Judge erred in making high negligence and unwarrantable failure findings.

3

Nally & Hamilton Enterprises, Inc.

 

KENT 2012-749, et al.

9/28/15

Whether the Judge erred in concluding that two violations were not significant and substantial.

4

John Richards Construction

 

WEST 2014-440-M


WEST 2015-101-M

10/2/15

Whether the Judge erred in granting summary decision in a case involving an MSHA inspector’s right of entry and in ruling that an annual inspection of fire extinguishers had not been conducted.

5

McNary v. Alcoa World Alumina, Inc.

 

CENT 2015-279-DM

11/5/15

Whether the Judge erred in issuing a summary decision concluding that the operator did not interfere with the complainant’s statutory rights as a miners’ representative.

6

Northshore Mining Co.

 

LAKE 2014-219-M

 

11/25/15

Whether the Judge erred in interpreting a regulation that addresses the reporting of eye injuries.

7

Consolidation Coal Co.

 

VA 2012-42

11/30/15

Whether the Judge erred by concluding that a deep cut in violation of a roof control plan was not “significant and substantial.”

8

Pocahontas Coal Co.


WEVA 2014-395-R, et al.

1/6/16

Whether the Judge erred by finding that MSHA had established a pattern of violations at the mine in question.

9

Peabody Twentymile Mining, LLC


WEST 2014-930-R

1/8/16

Whether the Judge erred by rejecting consideration of the operator’s approved ventilation plan in interpreting a mandatory standard governing ventilation.

10

Bussen Quarries, Inc.


CENT 2015-385

1/21/16

Whether the Judge erred in determining there had been a violation of a mandatory standard governing the requirement to use safety belts and lines.

11

Sims Crane


SE 2015-315

6/1/16

Whether the Judge erred in interpreting the standard providing that miners must stay clear of the suspended loads of a crane.

12

Secretary o/b/o

Greathouse, et al. v.

Monogalia County Coal Co., et al.


WEVA 2015-904-D et al.

6/9/16

Whether the Judge erred in ruling that certain bonus plans instituted by the operators interfered with miners’ rights under the Mine Act.

13

Mach Mining, Inc.


LAKE 2014-77, et al.

7/1/16

Whether the Judge erred by ruling that the operator did not violate the standard requiring that electrical protection devices on high-voltage longwall equipment be maintained.

14

Arnold Stone Co.


CENT 2016-95-M

8/26/16

Whether the Judge erred in concluding that a violation involving a loader with a defective safety lockout did not result from an unwarrantable failure to comply.

15

Canyon Fuel Co.


WEST 2015-635

9/26/16

Whether the Judge erred in concluding that the operator had violated a standard governing alternate escapeways.

16

Mach Mining, Inc.


LAKE 2014-746

9/29/16

Whether the Judge erred in upholding citations for excessive accumulations of coal and finding that they were S&S and resulted from high negligence.

17

The American Coal Co.


LAKE 2011-701

11/28/16

Whether on remand the Judge erred by not adequately explaining the basis for the assessed penalty amounts.

18

Secretary o/b/o McGary, et al.

v.

The Marshall County Coal Co., et al.


WEVA 2015-583-D, et al.

12/6/16

Whether on remand the Judge erred in requiring the operators’ CEO to personally read a prepared statement at the mines in question.

19

Lehigh Anthracite Coal, LLC, and

Wetzel


PENN 2014-108 et al.

1/3/17

Whether the Judge erred by ruling that sending a miner into the pit in question constituted “high negligence” rather than “reckless disregard.”

20

Kentucky Fuel Corp.


KENT 2015-383

1/12/17

Whether the Judge erred in finding high negligence with respect to a violation for inadequate training of a miner.

21

Secretary o/b/o

Anderson v. A & G

Coal Corp.


VA 2017-069-D 

1/24/17

Whether the Judge erred in denying a tolling motion with regard to a temporary reinstatement order.