Ezel / Agency Decisions / kent-2015-643-commission
FMSHRC Commission decision Docket KENT 2015-643 Decided January 12, 2016 Procedural

Secretary of Labor v. Highland Mining Company, LLC

Secretary of Labor v. Highland Mining Company, LLC (FMSHRC KENT 2015-643): Reopening motion withdrawn

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Currency note: this decision dates from 2016
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Decision of the Commission
This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the Commission's own document.
Read the official release (fmshrc.gov)

Plain-English summary

Highland Mining filed a motion asking the Commission to reopen this docket. The company later asked to withdraw that motion. The Commission granted withdrawal and dismissed the case without addressing whether reopening would otherwise have been justified.

Decision snapshot

  • Cited standard: None.
  • Outcome: The reopening motion was withdrawn, and the docket was dismissed.
  • Key point: The order ends the reopening request at the operator's request without deciding its merits.

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.

HIGHLAND
MINING COMPANY, LLC

:

:

:

:

:

:

:

Docket
No. KENT 2015-643

A.C.
No. 15-02709-386414

BEFORE:  Young, Nakamura,
and Althen, Commissioners[1]

ORDER

BY THE
COMMISSION:

This
matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.  §
801 et seq. (2012) (“Mine Act”). On August 20, 2015, the Commission received
from Highland Mining Company, LLC (“Highland”) a motion to reopen Docket No. KENT
2015-643. Highland thereafter requested to withdraw its motion to reopen in
Docket No. KENT 2015-643.

We
hereby grant Highland’s motion to withdraw in Docket No. KENT 2015-643. Accordingly,
this case is dismissed.

/s/ Michael G. Young

Michael G. Young, Commissioner

/s/ Patrick K. Nakamura

Patrick K. Nakamura, Commissioner

/s/ William I. Althen

William I. Althen, Commissioner

Distribution:

Jeffrey
K. Phillips Esq.

Steptoe
& Johnson, LLP

One
Paragon Centre

2525
Harrodsburg Road, Suite 300

Lexington,
KY 40504

W.
Christian Schumann, Esq.

Office
of the Solicitor

U.S.
Department of Labor

201
12th St. South, Suite 500

Arlington,
VA 22202-5450

Chief
Administrative Law Judge Robert J. Lesnick

Federal
Mine Safety & Health Review Commission

1331
Pennsylvania Ave. N.W., Suite 520N

Washington,
DC 20004-1710

Melanie
Garris

Office
of Civil Penalty Compliance

Mine
Safety and Health Administration

U.S.
Department of Labor

201
12th St. South, Suite 500

Arlington,
VA 22202-5450

[1] This case has
been delegated to a panel of three Commissioners pursuant to section 113(c) of
the Mine Act for the limited purpose of assessing the merits of the motion to
reopen. 30 U.S.C. § 823(c).

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