Stillhouse Mining, LLC (Commission decision, June 6, 2012)

Plain-English summary

Stillhouse Mining had obtained Commission review of an administrative law judge matter. The company later moved to withdraw its contest and appeal, and the Secretary did not oppose the request. The Commission granted withdrawal and vacated its earlier order granting review.

Decision snapshot

• Governing authority: 30 U.S.C. § 801 et seq.
• Outcome: The withdrawal motion was granted and the Commission's order granting review was vacated.
• Key point: The Commission may end discretionary review when the appealing operator voluntarily withdraws and the Secretary does not object.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 NEW JERSEY AVENUE, NW

SUITE 9500

WASHINGTON, DC 20001

June 6, 2012

SECRETARY OF LABOR, 

MINE SAFETY AND HEALTH 

ADMINISTRATION (MSHA)

v.

STILLHOUSE MINING, LLC

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Docket No. KENT 2007-309

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BEFORE: Jordan, Chairman; Duffy, Young, Cohen, and Nakamura, 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. (2006). On April 26, 2011, Stillhouse Mining, LLC (“Stillhouse”) filed a petition for discretionary review with the Commission. On May 6, 2011, we issued an order granting review of the petition.

On May 30, 2012, the Commission received from Stillhouse a motion to withdraw its contest and appeal in this matter. Counsel for the Secretary of Labor has indicated that the Secretary does not oppose the motion.

Upon consideration of Stillhouse’s motion, it is granted. We hereby vacate our order granting review.

/s/ Mary Lu Jordan

Mary Lu Jordan, Chairman

/s/ Michael F. Duffy

Michael F. Duffy, Commissioner

/s/ Michael G. Young

Michael G. Young, Commissioner

/s/ Robert F. Cohen, Jr.

Robert F. Cohen, Jr., Commissioner

/s/ Patrick K. Nakamura

Patrick K. Nakamura, Commissioner

Distribution:

John M. Williams, Esq.

Rajkovich, Williams, Kilpatrick & True, PLLC

3151 Beaumont Center Circle, Suite 375

Lexington, KY 40513

[email protected]

Marco M. Rajkovich, Esq.

Rajkovich, Williams, Kilpatrick & True, PLLC

3151 Beaumont Center Circle, Suite 375

Lexington, KY 40513

[email protected]

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2220

Arlington, VA 22209-2296

Edward Waldman, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., 22nd Floor West

Arlington, VA 22209-2247

Melanie Garris

Office of Civil Penalty Compliance

MSHA

U.S. Dept. Of Labor

1100 Wilson Blvd., 25th Floor

Arlington, VA 22209-3939

Administrative Law Judge Alan G. Paez

Federal Mine Safety & Health Review Commission

Office of Administrative Law Judges

601 New Jersey Ave., N. W. Suite 9500

Washington, D.C. 20001-2021