Cases Currently on Review Before the Commission

Date Updated:
11/28/2022

Cases Currently on Review Before the Commission

No.

 

Case Name

Docket No.

Date When Review was Granted

 

Description of the Case

 

1

Consol Pennsylvania Coal Co., LLC 

PENN 2019-0094

4/16/21

Whether the Judge erred in concluding that the location of a lifeline violated a safety standard and constituted an S&S violation. 

2

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. 

3

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. 

4

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. 

5

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. 

6

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.   

7

Sec’y o/b/o Otten v. Continental Cement Co.

CENT 2021-0013

4/8/22

Whether the Judge erred in concluding that the operator took an adverse employment action against complainant in violation of the anti-discrimination provisions of section 105(c) and the walk-around rights of section 103(f).

8

Sec’y o/b/o Smitherman v. Warrior Met Coal Mining LLC

SE 2021-0153

6/2/22

Whether the Judge erred in finding that the operator discriminated against complainant in violation of section 105(c) of the Mine Act. 

9

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.   

10

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.