Secretary of Labor v. Nevada Gold Mines, LLC (Commission decision, September 24, 2020)

Plain-English summary

Nevada Gold Mines had filed motions asking the Commission to reopen two final penalty assessments. The company later told the Commission that it no longer wished to pursue those requests. The Commission granted both withdrawal motions and dismissed the consolidated matter. The short release does not identify the underlying citations, safety standards, or penalty amounts.

Decision snapshot

• Cited authority: None
• Outcome: Both reopening motions were withdrawn, and the consolidated matter was dismissed.
• Key point: The Commission ended both cases after Nevada Gold voluntarily abandoned its reopening requests.

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 No. WEST 2019-0512-M

MINE SAFETY AND HEALTH                    :     A.C. No.   26-02286-486626

ADMINISTRATION (MSHA)                       :        

:         Docket No. WEST 2019-0513-M

v.                                              
:         A.C. No.   26-02286-490669

:

NEVADA GOLD MINES, LLC                      
  :

BEFORE: Rajkovich, Chairma n ; Althen and Traynor, Commis s io n ers

ORDER

BY THE COMMISSION:

This matter arises under the
Federal Mine Safety and Health Act of 1977,  30 U.S.C.     § 801 et seq. (2018)  (“Mine Act”). Previously, Nevada Gold filed motions to reopen two penalty assessments that had become final orders of the Commission in Docket Nos. WEST 2019-0512-M and WEST 2019-0513-M, [1] pursuant to section 105(a) of the Mine Act,  30 U.S.C. § 815(a) . Nevada Gold has now informed the Commission that it has decided not to pursue its motions to reopen. Accordingly, Nevada Gold moves to withdraw its motions to reopen.

Having considered Nevada Gold’s motions   to   withdraw , we hereby grant its requests. Accordingly, this matter is dismissed.

/s/ Marco M. Rajkovich,
Jr.

Marco M.
Rajkovich, Jr., Chairman

/s/ William I.
Althen

William I.
Althen, Commissioner

/s/ Arthur R.
Traynor, III

Arthur R. Traynor, III, Commissioner

Distribution (e-mail):

Christopher G. Peterson

Fisher Phillips LLP

[email protected]

Emily Toler Scott, Esq.

Office of the Solicitor

[email protected]

Chief Administrative Law Judge Glynn F. Voisin

Federal Mine Safety & Health Review Commission

[email protected]

Melanie Garris

Office of Civil Penalty Compliance

Mine Safety and Health Administration

[email protected]

[1]
For the limited purpose of addressing these motions
to reopen, we hereby consolidate docket numbers WEST 2019-0512-M and WEST 2019-0513-M, involving similar procedural issues. 29 C.F.R. § 2700.12 .