Cases Currently on Review Before the Commission
No. |
Case Name Docket No. |
Date When Review was Granted |
Description of the Case
|
---|---|---|---|
1 |
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. |
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. |
|
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. |
|
4 |
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. |
5 |
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. |
6 |
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. |
7 |
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. |
8 |
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. |
9 |
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). |
10 |
Canyon Fuel Co. and Tanner, emp. by Canyon Fuel Co.
WEST 2021-188, et al. |
06/30/23 |
(1) Whether the Judge erred in finding that the operator had violated 30 C.F.R. § 50.10(b), that the violation was S&S and caused by unwarrantable failure; (2) whether the Judge erred in finding Allred and Cooper individually liable under section 110(c) for the operator’s violation of section 50.10(b); (2) Whether the Judge erred in finding that the operator violated 30 C.F.R. § 75.202(a); (3) whether the Judge erred in holding that Order No. 8541991 was not duplicative of Citation No. 8541894. |
11 |
Cactus Canyon Quarries, Inc.
CENT 2022-0010 |
6/30/23 |
Whether a stone finishing plant constitutes a “mine” under section 3(h)(1)(c) of the Mine Act? |
12 |
Morton Salt, Inc.
CENT 2022-0176 |
8/2/23 |
Whether the Judge erred in concluding that violations of 30 C.F.R. §§ 57.3200 and 57.11053(c) were not significant and substantial. |
13 |
Morton Salt, Inc.
CENT 2023-0072, et al. |
10/3/23 |
Whether the Judge erred in his dismissal of the operator’s contest proceeding as moot. |
14 |
Geneva Rock Products, Inc.
WEST 2022-0097 |
12/14/23 |
Whether the Judge abused his discretion when he ordered a stay of the case for an indefinite duration. |
15 |
Morton Salt, Inc.
CENT 2023-0120 |
12/29/23 |
Whether the Commission has authority to review the Secretary’s decision to issue a notice of pattern of violations. |
16 |
Matney v. Rockwell Mining, LLC
WEVA 2023-0126 |
1/17/24 |
Whether the Judge erred in sustaining a section 105(c)(3) complaint based on the operator’s alleged Part 90 violations. |
17 |
Prairie State Generating Company, LLC |
4/11/24 |
Whether the Judge erred in finding the violation of 30 C.F.R. § 75.517 was significant and substantial. |
18 |
Ben’s Creek Operations WV, LLC |
4/16/24 |
(1)Whether the Secretary lacks standing to challenge the Judge’s order granting a settlement motion; (2) Whether the Judge erred in granting a settlement motion. |
19 |
Westfall Aggregate & Materials, Inc. |
Remand from D.C. Circuit |
Whether good cause exists for reopening a civil penalty that became a final order of the Commission. |