Cases Currently on Review Before the Commission
Date When Review was Granted
Description of the Case
Peabody Midwest Mining, LLC
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.”
Consol Pennsylvania Coal Co., LLC
Whether the Judge erred in concluding that the location of a lifeline violated a safety standard and constituted an S&S violation.
Peabody Midwest Mining, LLC, and Butler
LAKE 2019-0023, et al.
Whether the Judge erred in concluding that the operator violated standards when it failed to immediately de-energize equipment when it encountered high methane levels, whether the violation was S&S, and whether a supervisor was liable for individual penalties.
Thomas v. CalPortland Co.
WEST 2018-402-DM and WEST 2019-0205
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.
Saldivar v. Grimes Rock, Inc.
Whether in a temporary reinstatement case, the Judge erred in ruling that economic reinstatement for the miner should not be tolled.
American Soda, LLC formerly known as Solvay Chemicals, Inc.
Whether the Judge erred in concluding that the operator had failed to report an accident in a timely manner.
Crimson Oak Grove Resources, LLC
SE 2021-0112, et al
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.
Knight Hawk Coal, LLC
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.
Sec’y o/b/o Otten v. Continental Cement Co.
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).
Sec’y o/b/o Smitherman v. Warrior Met Coal Mining LLC
Whether the Judge erred in finding that the operator discriminated against complainant in violation of section 105(c) of the Mine Act.