Latest FMSHRC News

Michael G. Young, Acting Chief Administrative Law Judge:

             Due to the possible lapse of appropriations, the Federal Mine Safety and Health Review Commission (“Commission”) Office of the Chief Administrative Law Judge may be closed for an indefinite period beginning at 12:01 a.m. on Saturday, January 31, 2026, consistent with the Commission’s Lapse in Appropriations Contingency Plan (available at www.fmshrc.gov). Administrative Law Judges will not consider any documents filed in their current individual cases or having a due date during the period of closure until after funding has been restored and the Commission resumes business operations. Following reopening of the Commission, Administrative Law Judges will handle any filings on a case-by-case basis.

The President has designated Commissioner Rajkovich to be the Chair of the agency.  

The Federal Mine Safety and Health Review Commission (“Commission”) Office of the Chief Administrative Law Judge has resumed operations after a 43-day lapse of appropriations from October 1, 2025 through November 12, 2025. Filing deadlines for Petitions for Assessment of Penalty that would have otherwise been due during the Commission’s closure will be extended by 43 calendar days. Because this extension is automatic, parties are not required to show good cause and should not file motions requesting extension of Petition due dates. Administrative Law Judges will handle any other filings on a case-by-case basis.

Marco M. Rajkovich, Jr., of Kentucky, was sworn in today as a Commissioner of the Federal Mine Safety and Health Review Commission for a term expiring August 30, 2030, after being confirmed by the Senate on October 7th, 2025.

On September 11, 2025, the Commission issued its decision in Nally & Hamilton Enterprises, Inc.

On January 17, 2025, the Commission published in the Federal Register a final rule revising many of its procedural rules.  90 Fed. Reg. 5610.  The publication provided that the Commission would accept comments received by February 18, 2025, and the rules would be effective on March 3, 2025.  On February 18, 2025, the Commission published in the Federal Register an extension of those dates.  Under the extension, the Commission accepted comments received by March 21, 2025. 

The Commission received no comments on the final rules.  Accordingly, the revised rules became effective on the extended date of April 7, 2025.  

On March 17, 2025, the Commission issued its decision in Wesley Mallery v. El Segundo Coal Co., LLC, Docket No. CENT 2024-0106.

On March 14, 2025, the Commission issued its decision in Genesis Alkali, LLC, Docket No. WEST 2022-0189 et al.