Cases Currently on Review Before the Commission
Date When Review was Granted
Description of the Case
Whether the Judge erred in ruling in this EAJA case that the Secretary’s position was not substantially justified.
Consol Pennsylvania Coal Co.
Whether the Judge erred in making high negligence and unwarrantable failure findings.
Nally & Hamilton Enterprises, Inc.
KENT 2012-749, et al.
Whether the Judge erred in concluding that two violations were not significant and substantial.
John Richards Construction
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.
McNary v. Alcoa World Alumina, Inc.
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.
Northshore Mining Co.
Whether the Judge erred in interpreting a regulation that addresses the reporting of eye injuries.
Consolidation Coal Co.
Whether the Judge erred by concluding that a deep cut in violation of a roof control plan was not “significant and substantial.”
Pocahontas Coal Co.
WEVA 2014-395-R, et al.
Whether the Judge erred by finding that MSHA had established a pattern of violations at the mine in question.
Peabody Twentymile Mining, LLC
Whether the Judge erred by rejecting consideration of the operator’s approved ventilation plan in interpreting a mandatory standard governing ventilation.
Bussen Quarries, Inc.
Whether the Judge erred in determining there had been a violation of a mandatory standard governing the requirement to use safety belts and lines.
Whether the Judge erred in interpreting the standard providing that miners must stay clear of the suspended loads of a crane.
Greathouse, et al. v.
Monogalia County Coal Co., et al.
WEVA 2015-904-D et al.
Whether the Judge erred in ruling that certain bonus plans instituted by the operators interfered with miners’ rights under the Mine Act.
Mach Mining, Inc.
LAKE 2014-77, et al.
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.
Arnold Stone Co.
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.
Canyon Fuel Co.
Whether the Judge erred in concluding that the operator had violated a standard governing alternate escapeways.
Mach Mining, Inc.
Whether the Judge erred in upholding citations for excessive accumulations of coal and finding that they were S&S and resulted from high negligence.
The American Coal Co.
Whether on remand the Judge erred by not adequately explaining the basis for the assessed penalty amounts.
Secretary o/b/o McGary, et al.
The Marshall County Coal Co., et al.
WEVA 2015-583-D, et al.
Whether on remand the Judge erred in requiring the operators’ CEO to personally read a prepared statement at the mines in question.
Lehigh Anthracite Coal, LLC, and
PENN 2014-108 et al.
Whether the Judge erred by ruling that sending a miner into the pit in question constituted “high negligence” rather than “reckless disregard.”
Kentucky Fuel Corp.
Whether the Judge erred in finding high negligence with respect to a violation for inadequate training of a miner.
Anderson v. A & G
Whether the Judge erred in denying a tolling motion with regard to a temporary reinstatement order.