Ezel / Agency Decisions / lake-2008-378-r-commission-2

Secretary of Labor v. Black Beauty Coal Company (Commission decision, October 14, 2014)

Secretary of Labor v. Black Beauty Coal Company (FMSHRC LAKE 2008-378-R, et al.): Oral argument scheduled on cross-petitions

Decision type
Commission decision
Dockets
LAKE 2008-378-R, LAKE 2008-379-R, LAKE 2008-380-R, LAKE 2008-643, LAKE 2009-72
Decided
October 14, 2014
Outcome
Procedural
Precedential status
Citable Commission precedent
Checked against source
2026-08-02
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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This is citable Commission precedent from 2014, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 2014
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
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 agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Black Beauty Coal and the Secretary filed cross-petitions for discretionary review on two separate issues, and the Commission granted both petitions. Black Beauty then requested oral argument. The Commission granted that request and scheduled argument for October 29, 2014. Each party received 15 minutes per issue, for 30 minutes total, with limited rebuttal time. The order also set the sequence of argument and required the parties to identify presenting counsel.

Decision snapshot

  • Cited authority: No statute or standard was cited in the scheduling order.
  • Outcome: Oral argument was granted and scheduled on both cross-petitions for review.
  • Key point: The Commission may structure argument separately for each side's appeal when both parties obtain discretionary review on distinct issues.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION

1331 PENNSYLVANIA
AVENUE, NW, SUITE 520N

WASHINGTON, D.C. 20004‑1710

SECRETARY OF LABOR,                            :         Docket Nos.    LAKE 2008-378-R

MINE SAFETY AND HEALTH                 
:                                 LAKE 2008-379-R

ADMINISTRATION (MSHA)                    
:                                 LAKE 2008-380-R

:                                 LAKE 2008-643

v.                                              
:                                 LAKE 2009-72              

:                                                        

BLACK BEAUTY COAL COMPANY        
:

ORDER

On March 12,
2012, Black Beauty Coal Company and the Secretary of Labor filed cross petitions for discretionary review on two distinct issues in the above-referenced cases. Both petitions were granted.

On
June 21, 2012, the Commission received from counsel for Black Beauty a motion for oral argument in the above-referenced cases. The Commissioners have been polled and have decided to grant the motion.

Oral
argument is hereby scheduled at the above address on Wednesday, October 29, 2014, at 10:00 a.m. Each side is allocated 15 minutes per issue for the presentation of argument on its appeal. Therefore, each party will have a total of 30 minutes to address both petitions. Black Beauty shall proceed first regarding its petition, and the Secretary of Labor shall proceed next. For the second petition, the Secretary of Labor shall proceed first, and Black Beauty shall proceed next. Each party may reserve up to five minutes of its designated time for rebuttal with regard to the specific issue it appealed.

The
parties shall inform the Commission by October 22, 2014, of the names of counsel who will present argument.

For the Commission:

/s/ Patrick K. Nakamura

Patrick K. Nakamura

Acting Chairman

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