Secretary of Labor v. Cactus Canyon Quarries, Inc.
Secretary of Labor v. Cactus Canyon Quarries, Inc. (FMSHRC CENT 2023-0045): Jurisdiction briefing resumed
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Plain-English summary
The Commission had stayed briefing in these eleven consolidated civil-penalty dockets in October 2024. It lifted that stay and directed the parties to resume briefing under Commission Rule 75. The specified issue was whether the stone-finishing plant qualifies as a mine subject to MSHA jurisdiction under section 3(h)(1)(C) of the Mine Act. The order did not decide the jurisdictional question.
Decision snapshot
- Cited authority: 30 U.S.C. § 802(h)(1)(C); 29 C.F.R. § 2700.75
- Outcome: The briefing stay was lifted and jurisdictional briefing was ordered.
- Key point: Commission review resumed on whether the stone-finishing plant falls within the Mine Act's definition of a mine.
Full text (FMSHRC public release)
FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION
1331 PENNSYLVANIA AVE.,
N.W., SUITE 520N
WASHINGTON, DC
20004-1710
SECRETARY
OF LABOR
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
v.
CACTUS
CANYON QUARRIES, INC.,
CIVIL
PENALTY PROCEEDING
Docket
Nos. CENT 2023-0045
CENT 2023-0046
CENT 2023-0047
CENT 2023-0048
CENT 2023-0049
CENT 2023-0050
CENT 2023-0051
CENT 2023-0052
CENT 2023-0053
CENT 2023-0054
CENT 2023-0089
BEFORE:
Jordan, Chair; Baker and Marvit, Commissioners
ORDER
BY THE COMMISSION:
This matter
arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et
seq. (2018) (“Mine Act” or “Act”). On October 9, 2024 the Commission issued a
stay order halting further briefing pending further order of the Commission.
This order is
hereby lifted. The parties shall file their briefs in accordance with the
briefing schedule requirements in 29 C.F.R. § 2700.75 on the issue of whether
the stone finishing plant in question constitutes a “mine” for purposes of MSHA
jurisdiction, under section 3(h)(1)(c) of the Act.
/s/
Mary Lu Jordan
Mary Lu Jordan, Chair
/s/ Timothy J. Baker
Timothy
J. Baker, Commissioner
/s/ Moshe Z. Marvit
Moshe
Z. Marvit, Commissioner
Distribution
Andy
Carson, Esq.
Cactus Canyon Quarries
7232 CR 120
Marble Falls, TX 78654
Felix R. Marquez, Esq.
Office of the Solicitor
U.S. Department of Labor
525 Griffin Street, Suite 501
Dallas, TX 75202
Jennifer A. Ledig, Esq.
Office of the Solicitor
U.S. Department of Labor
Division of Mine Safety &
Health
201 12th Street South, Suite
401
Arlington, VA 22202
Thomas
A. Paige, Esq.
Deputy
Associate Solicitor
US
Department of Labor
Office
of the Solicitor
Division
of Mine Safety and Health
200
Constitution Avenue NW, Suite N4428
Washington,
DC 20210
Melanie
Garris
US
Department of Labor/MSHA
Office
of Assessments, Room N3454
200
Constitution Ave NW
Washington,
DC 20210
Administrative
Law Judge Thomas P. McCarthy
Office
of the Chief Administrative Law Judge
Federal
Mine Safety Health Review Commission
1331 Pennsylvania Avenue, NW Suite 520N
Washington, DC 20004-1710
Chief
Administrative Law Judge Glynn F. Voisin
Office
of the Chief Administrative Law Judge
Federal Mine Safety Health Review Commission
1331 Pennsylvania Avenue, NW Suite 520N
Washington, DC 20004-1710
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