Secretary of Labor v. National Cement Company of California, Inc. and Tejon Ranchcorp (Commission decision, October 26, 2009)

Plain-English summary

The case concerned whether a road fell within the Mine Act definition of private ways and roads appurtenant to mineral extraction areas. The Commission had rejected the Secretary of Labor's interpretation, but the D.C. Circuit upheld that interpretation as reasonable. After the court vacated the Commission's earlier decision and returned the case, the Commission remanded it to Administrative Law Judge Jerold Feldman. The judge was directed to decide the citation on its merits.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 801 and 802(h)(1)
• Outcome: The proceeding was remanded to the administrative law judge for a decision on the merits of the citation.
• Key point: After the D.C. Circuit upheld the Secretary's jurisdictional interpretation, the Commission returned the citation to the judge for merits proceedings.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 NEW JERSEY AVENUE, NW

SUITE 9500

WASHINGTON, DC 20001

October 26, 2009

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA)

v.

NATIONAL CEMENT COMPANY OF CALIFORNIA, INC.

and

TEJON RANCHCORP

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Docket No. WEST 2004-182-RM

BEFORE: Jordan, Chairman; Duffy, Young, and Cohen, Commissioners

ORDER

BY THE COMMISSION:

This proceeding arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
§ 801 et seq. (2006) (“Mine Act”). Previously, the Commission had rejected the interpretation the Secretary of Labor proffered on remand of the definition of “private ways and roads appurtenant” to areas of land from which minerals are extracted, as that term appears in section 3(h)(1) of the Mine Act, 30 U.S.C. § 802(h)(1). However, in Sec’y of Labor v. National Cement Co. of California, 573 F.3d 788 (D.C. Cir. 2009), the court upheld the Secretary’s interpretation as reasonable.

The court vacated the Commission’s decision and remanded the case to the Commission for further proceedings in accordance with the court’s opinion. 573 F.3d at 797. Accordingly, this proceeding is remanded to Administrative Law Judge Jerold Feldman for proceedings on the merits of the citation.

Mary Lu Jordan, Chairman

Michael F. Duffy, Commissioner

Michael G. Young, Commissioner

Robert F. Cohen, Jr., Commissioner

Distribution:

Robin Rosenbluth, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., 22nd Floor West

Arlington, VA 22209-2247

Margaret S. Lopez, Esq.

Ogletree, Deakins, Nash,

Smoak & Stewart, P.C.

2400 N Street NW, 5th Floor

Washington, DC 20037

Thomas C. Means, Esq.

Crowell & Moring LLP

1001 Pennsylvania Avenue NW

Washington, DC 20004-2595

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2220

Arlington, VA 22209-2296

Myra James, Chief

Office of Civil Penalty Compliance, MSHA

U.S. Dept. Of Labor

1100 Wilson Blvd., 25th Floor

Arlington, VA 22209-3939

Administrative Law Judge Jerold Feldman

Federal Mine Safety & Health Review Commission

Office of Administrative Law Judges

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

Washington, D.C. 20001-2021