Secretary of Labor v. The American Coal Company (Commission decision, July 25, 2017)

Plain-English summary

The American Coal Company asked the Commission to review an administrative law judge's ruling. The Commission granted review on the first five questions presented in the company's petition. It denied review of the sixth question, which challenged the legal standard used to assess the penalty for Order No. 7490599. This direction for review did not decide the merits of the five accepted questions.

Decision snapshot

• Cited standard: None identified in this review order.
• Outcome: Discretionary review was granted on five questions and denied on the penalty-standard question.
• Key point: The Commission limited the issues accepted for review rather than granting the petition in full.

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,                                                                          :

MINE SAFETY AND HEALTH                                                                :

ADMINISTRATION
(MSHA)                                                                   :           Docket
No. LAKE 2009-35

:

:

v.                                                                                                         :

:

:

THE AMERICAN
COAL COMPANY                                                        :

DIRECTION FOR
REVIEW

The petition for discretionary review filed by The
American Coal Company is granted in part and denied in part. The Commission
grants review regarding the first five questions presented in the petition. The
Commission denies review regarding the question of whether the Judge applied
the incorrect legal standard in assessing a penalty for Order No. 7490599.

/s/
William I. Althen

William
I. Althen, Acting Chairman  

/s/
Michael G. Young

Michael
G. Young, Commissioner

/s/
Robert F. Cohen, Jr.

Robert
F. Cohen, Jr., Commissioner