Cases Currently on Review Before the Commission

Date Updated:
10/09/2020

Cases Currently on Review Before the Commission

 

No.

 

Case Name

Docket No.

Date When Review was Granted

 

Description of the Case

 

1

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.

  

2

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.

   

3

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.

   

4

KC Transport, Inc.

 

WEVA 2019-458

4/6/20

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

   

5

CalPortland Co.

 

WEST 2019-205-M

5/22/20

Whether the penalty proceeding before the Judge should be dismissed.

   

6

Solar Sources Mining, LLC

 

LAKE 2017-0099

6/26/20

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

   

7

Peabody Midwest Mining, LLC

 

LAKE 2017-0450

9/17/20

Whether the Commission erred by failing to assume the existence of an emergency in determining whether a violation of an emergency standard was “significant and substantial.”