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

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.   

7

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. 

8

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. 

9

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.  

10

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. 

11

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. 

12

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).

13

Pocahontas Coal Co.

WEVA 2023-0092

6/16/23

Whether the Secretary was “adversely affected or aggrieved” by the Judge’s Decision Approving Settlement and thus has standing to file a PDR pursuant to section 113(d)(2)(A)(i) of the Mine Act.  If the Secretary has standing, whether the Judge abused his discretion in placing the Secretary on notice that he would sanction the Secretary for future use of certain citations to support a particular position of the Secretary.

14

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.

15

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?

16

Carmeuse Lime

SE 2022-0196

7/18/23

Whether the Judge erred in vacating a citation after concluding that the evidence established the alleged violation. 

17

Consol Mining

WEVA 2023-0141

7/27/23

Whether the Judge erred in denying a motion to approve settlement based on the Secretary’s reliance on Mechanicsville Concrete and American Aggregates to support her position. 

18

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.