Cases Currently on Review Before the Commission

Date Updated:
08/04/2020

Cases Currently on Review Before the Commission

 

No.

 

Case Name

Docket No.

Date When Review was Granted

 

Description of the Case

 

1

The Doe Run Co.

 

CENT 2015-318-RM et al.

8/27/18

On cross petitions, whether the Judge erred in concluding that the operator had violated certain standards based on strict liability and whether the Judge erred by failing to conduct separate S&S and negligence analyses for the different violations.

2

The Monogalia Coal Co.

 

WEVA 2015-0509

9/6/18

Whether the Judge erred in denying the Secretary the opportunity to present evidence of prior violations to support his allegation that repeated flagrant violations had taken place.

3

M-Class Mining, LLC

 

LAKE 2018-0188-R

2/25/19

Whether the Judge erred in ruling that a section 103(k) safety order was validly issued and was not an abuse of discretion.

  

4

Northshore Mining Co., et al.

 

LAKE 2017-224

3/25/19

On cross-petitions, whether the Judge erred in concluding that findings of violations and unwarrantable failure were supported by substantial evidence; whether the Judge erred by requiring a higher negligence showing to establish the “reckless failure” component of a flagrant violation than is required to establish reckless disregard and unwarrantable failure.

  

5

American Aggregates of Michigan, Inc.

 

LAKE 2018-0340

6/6/19

On interlocutory review, whether the Judge abused his discretion in denying the Secretary’s motion to approve settlement.

   

6

Hopedale Mining LLC

 

LAKE 2019-149

7/30/19

Whether the Judge erred in denying the parties’ motion for settlement and dismissing the case because the Secretary had not met his burden.

   

7

Scott and Thomas, employed by Mill Branch Coal Corp.

 

VA 2018-103 et al.

8/28/19

Whether the Judge erred by dismissing civil penalty proceedings because he determined that the proposed penalty assessments were filed too late.

   

8

Consol Pennsylvania Coal Co., LLC

 

PENN 2018-169

11/19/19

Whether the Judge erred in ruling that the operator’s walkaround rights under section 103(f) had not been violated.

   

9

Consol Pennsylvania Coal Co., LLC

 

PENN 2019-008

2/6/20

Whether the Judge erred in ruling that the operator had failed to adequately insulate and protect a power cable.

   

10

KC Transport, Inc.

 

WEVA 2019-458

4/6/20

Whether the Judge erred in ruling that two trucks were subject to Mine Act jurisdiction.

   

11

CalPortland Co.

 

WEST 2019-205-M

5/22/20

Whether the penalty proceeding before the Judge should be dismissed.

   

12

Solar Sources Mining, LLC

 

LAKE 2017-0099

6/26/20

On remand, whether the Judge’s penalty assessment was erroneous.