Cases Currently on Review Before the Commission

Date Updated:
12/03/2018

Cases Currently on Review Before the Commission



No.


Case Name

Docket No.

Date When Review was Granted



Description of the Case

 

1

Sims Crane


SE 2016-81

2/22/17

Whether the Judge erred in upholding a citation alleging that a miner had not used fall protection when required.

2

M-Class Mining, LLC


LAKE 2012-519

5/12/17

Whether the Judge erred by concluding that miner was not required to wear gloves while troubleshooting an energized continuous mining machine.

3

McNary v. Alcoa World Alumina


CENT 2015-279-DM

1/30/18

On remand from the Commission, whether the Judge erred by ruling that the Complainant had failed to establish that his supervisor’s actions constituted unlawful interference with his rights under the Mine Act.

4

Solar Sources, Inc.


LAKE 2017-99

5/8/18

Whether the Judge abused his discretion and failed to adequately explain the basis for the penalty he imposed.

5

Solar Sources, Inc.


LAKE 2017-52

5/16/18

On interlocutory review, whether the Secretary possess unreviewable discretion to withdraw a specially assessed proposed penalty.

6

Sunbelt Rentals, Inc.


VA 2013-291

6/14/18

Whether the Judge erred in ruling that a particular location in a preheat tower was a “working place” for purposes of an examination requirement.

7

Peabody Midwest Mining, LLC


LAKE 2017-450

7/31/18

Whether the Judge erred in concluding that a violation of the mine’s Emergency Response Plan was “significant and substantial.”

8

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.

9

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.