1

Thomas v. CalPortland Co.

WEST 2018-402-DM and WEST 2019-0205

1/10/22

Whether the Judge erred in ruling that the miner had established that the operator had discriminated against him under section 105(c)(3) of the Mine Act. 

2

Saldivar v. Grimes Rock, Inc.

WEST 2021-0178

1/14/22

Whether in a temporary reinstatement case, the Judge erred in ruling that economic reinstatement for the miner should not be tolled. 

3

American Soda, LLC formerly known as Solvay Chemicals, Inc.

WEST 2020-0278

12/14/21

Whether the Judge erred in concluding that the operator had failed to report an accident in a timely manner. 

4

Crimson Oak Grove Resources, LLC

SE 2021-0112, et al

3/2/22

Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the vacating of penalties. 

5

Knight Hawk Coal, LLC

LAKE 2021-0160

4/7/22

Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the removal of a “significant and substantial” designation.  

6

Sec’y o/b/o Otten v. Continental Cement Co.

CENT 2021-0013

4/8/22

Whether the Judge erred in concluding that the operator took an adverse employment action against complainant in violation of the anti-discrimination provisions of section 105(c) and the walk-around rights of section 103(f).

7

Sec’y o/b/o Smitherman v. Warrior Met Coal Mining LLC

SE 2021-0153

6/2/22

Whether the Judge erred in finding that the operator discriminated against complainant in violation of section 105(c) of the Mine Act. 

8

Consol PA Coal Co.

PENN 2021-0084

7/18/22

Whether the Judge erred in concluding that a missing keeper pin violated 30 C.F.R. § 75.1725(a), that the violation was S&S, and that the violation was caused by low negligence; and whether the Judge erred in concluding that the operator’s permissibility violation was S&S.   

9

County Line Stone Co.

YORK 2022-0003

8/5/22

Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the vacating of penalties.   

10

Perry Cty Res., LLC

KENT 2022-0024

12/6/22

Whether the Judge abused his discretion in denying approval of the settlement motion based on the Secretary’s refusal to provide a section 104(b) order that was associated with a citation that was a subject of the motion to approve settlement. 

11

Greenbrier Minerals, LLC

WEVA 2022-0403

12/6/22

Whether the Secretary has unreviewable discretion to remove an S&S designation from a contested citation without the Commission’s approval under section 110(k) of the Mine Act. 

12

Bluestone Oil Corp.

WEVA 2022-0176, 2022-0350

12/7/22

Whether the Secretary has unreviewable discretion to remove an S&S designation from a contested citation without the Commission’s approval under section 110(k) of the Mine Act.  

13

Genesis Alkali, LLC

WEST 2022-0189, 2022-0267, 2022-0250

12/12/22

Whether the Judge abused her discretion in denying the Nov. 29, 2022, motions to approve settlement. 

14

Rulon Harper Constr., Inc.,

WEST 2022-0249, 2022-0250

12/15/22

(1) Whether the Judge abused her discretion in denying the motions to approve settlement.  (2) Whether the Secretary has unreviewable discretion to remove an S&S designation from a contested citation without the Commission’s approval under section 110(k) of the Mine Act. 

15

SOL obo Hargis v. Vulcan Constr. Materials, LLC

SE 2021-0163, 2022-0001, 2022-0013

1/9/23

(1) Whether the Judge erred in terminating economic temporary reinstatement on the date he issued the merits decision; (2) Whether the Judge erred in dismissing the Complainant’s discrimination case on the basis that there was no improper discriminatory motive; (3) Whether the Judge erred in finding that the operator failed to report an occupational injury, in violation of 30 C.F.R. § 50.20(a).