Cases Currently on Review Before the Commission

Date Updated:
08/03/2018

Cases Currently on Review Before the Commission




No.


Case Name

Docket No.

Date When Review was Granted



Description of the Case

 

1

Pocahontas Coal Co.


WEVA 2014-395-R, et al.

1/6/16

Whether the Judge erred by finding that MSHA had established a pattern of violations at the mine in question.

2

Mach Mining, Inc.


LAKE 2014-77, et al.

7/1/16

Whether the Judge erred by ruling that the operator did not violate the standard requiring that electrical protection devices on high-voltage longwall equipment be maintained.

3

The American Coal Co.


LAKE 2011-701

11/28/16

Whether on remand the Judge erred by not adequately explaining the basis for the assessed penalty amounts.

4

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.

5

Signal Peak Energy, LLC


WEST 2016-624-R

4/17/17

Whether the Judge erred in concluding that the MSHA District Manager did not act arbitrarily or capriciously in rejecting the operator’s ventilation plan.

6

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.

7

Consol Pennsylvania Coal Co.


PENN 2014-816

8/8/17

Whether the Judge erred in concluding that the operator violated a reporting requirement that applies when an accident has a “reasonable potential to cause death.”

8

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.

9

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.

10

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.

11

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.

12

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.”