Secretary of Labor v. Peabody Midwest Mining, LLC
Secretary of Labor v. Peabody Midwest Mining, LLC (FMSHRC LAKE 2017-0450): Commission review direction vacated
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This is citable Commission precedent from 2022, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Plain-English summary
The Commission had granted the Secretary's petition to review the administrative law judge's decision in September 2020. It later vacated that direction for review. As a result, the judge's decision became final without a Commission merits ruling.
Decision snapshot
- Cited authority: No specific Mine Act section or regulation was cited.
- Outcome: The direction for review was vacated and the administrative law judge's decision became final.
- Key point: Vacating a direction for review leaves the underlying judge's decision as the final agency decision.
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.
PEABODY MIDWEST MINING, LLC
Docket No. LAKE 2017-0450
BEFORE: Jordan, Chair; Althen, Rajkovich, and Baker, Commissioners
ORDER
BY THE COMMISSION:
On September 17, 2020, the Petition for Discretionary Review filed by the Secretary of Labor in the above-referenced case was granted. The Commission hereby VACATES that Direction for Review. The Administrative Law Judge’s Decision is final.
/s/ Mary Lu Jordan
Mary Lu Jordan, Chair
/s/ William I. Althen
William I. Althen, Commissioner
/s/ Marco M. Rajkovich, Jr.
Marco M. Rajkovich, Jr., Commissioner
/s/ Timothy J. Baker
Timothy J. Baker, Commissioner
Distribution (by e-mail):
Andrew R. Tardiff, Esq.
U.S. Department of Labor
Office of the Solicitor
Division of Mine Safety and Health
201 12th Street South, Suite 401
Arlington, VA 22202-5450
Arthur M. Wolfson, Esq.
Fisher & Phillips LLP
Six PPG Place, Suite 830
Pittsburgh, PA 15222
Emily Toler Scott, Esq.
Office of the Solicitor
U.S. Department of Labor
201 12th Street South, Suite 401
Arlington, VA 22202
April Nelson, Esq.
Office of the Solicitor
U.S. Department of Labor
201 12th Street South, Suite 401
Arlington, VA 22202-5452
Administrative Law Judge David P. Simonton
Federal Mine Safety & Health Review Commission
Office of the Chief Administrative Law Judge
721 19th Street, Suite 443
Denver, CO 80202-2536
Melanie Garris
Office of Civil Penalty Compliance
Mine Safety and Health Administration
201 12th Street South, Suite 401
Arlington, VA 22202-5452
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