Cases Currently on Review Before the Commission

Date Updated
04/28/2026

No.

 

Case Name

Docket No.

Date When Review was Granted

 

Description of the Case

 

1

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.   

2

Prairie State Generating Company, LLC

 

LAKE 2022-0017

4/11/24

Whether the Judge erred in finding the violation of 30 C.F.R. § 75.517 was significant and substantial. 

3

GMS Mine Repair & Maintenance

 

VA 2023-0021

10/16/24

(1) Whether the Secretary is collaterally estopped from enforcing a safeguard notice; (2) Whether the Judge erred in concluding that the operator violated a safeguard notice. 

4

National Lime and Stone Co.

 

LAKE 2024-0064

01/13/25

Whether the Judge erred in concluding that a piece of equipment was subject to the Mine Act.

5

W.G. Yates & Sons Construction Co.

 

SE 2023-0094

01/23/25

Whether the Judge erred in concluding that the operator violated 30 C.F.R. 56.4500 and that the violation was S&S.

6

Sec’y obo Rubio v. Castle Mountain Venture

 

WEST 2024-0283

01/30/25

Whether the Judge erred in sealing a settlement agreement.

7

Disciplinary Proceeding

 

CENT 2025-0180

03/13/25

Whether counsel should be subject to disciplinary proceedings under 29 C.F.R. 2700.80.

8

Palo v. U.S. Steel Corp.

 

LAKE 2023-0202-DM

07/24/25

Whether the Judge erred in concluding that the operator did not discriminate against the miner in violation of section 105(c) of the Mine Act. 

9

Peabody SE Mining, LLC

 

SE 2023-0065, 2023-0102

08/04/25

Whether the Judge erred in concluding that a violation of 30 C.F.R. § 75.400 was the result of unwarrantable failure; and (2) Whether the Judge erred in concluding that a violation of 30 C.F.R. § 75.363(a) was the result of unwarrantable failure.

 

10

Peabody SE Mining, LLC

 

SE 2023-0020, 2023-0060

08/04/25

Whether the Judge erred in concluding that a violation of 30 C.F.R. § 75.202(a) was the result of unwarrantable failure; (2) Whether the Judge erred in concluding that a violation of 30 C.F.R. § 75.360(b) was the result of unwarrantable failure; and (3) Whether the Judge erred in concluding that a violation of 30 C.F.R. § 75.400 was the result of unwarrantable failure. 

 

11

Iron Mountain Quarry

WEST 2024-0218, 2024-0275

09/26/25

Whether the Judge erred in concluding that the operator violated 30 C.F.R. § 56.14110, 56.20003(a), 56.1101, 56.12032; (2) Whether the operator was impermissibly denied a jury trial; (3) Whether MSHA exercised powers not delegated by Congress.