Secretary of Labor v. CalPortland Company o/b/o Grimes Rock, Inc.
Secretary of Labor v. CalPortland Company o/b/o Grimes Rock, Inc. (FMSHRC WEST 2022-0334): Operator appeal dismissed
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This is citable Commission precedent from 2025, 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 Grimes Rock's petition for discretionary review in August 2024. CalPortland later notified the Commission that it had become the mine's operator and would appear on behalf of Grimes Rock. The Commission amended the caption to reflect that change. It then granted the operator's unopposed dismissal motion, vacated the direction for review, and dismissed the appeal.
Decision snapshot
- Cited authority: None stated in the order
- Outcome: The direction for review was vacated and the operator's appeal was dismissed.
- Key point: A change in mine operator was reflected in the caption before the successor operator voluntarily ended the appeal.
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.
CALPORTLAND
COMPANY o/b/o
GRIMES ROCK, INC.
Docket
No. WEST 2022-0334
BEFORE:
Jordan, Chair; Baker and Marvit, Commissioners
ORDER
BY:
THE COMMISSION
On August 22, 2024, Grimes Rock,
Inc. (“Grimes Rock”) filed a petition for discretionary review of the
above-captioned docket, which the Commission granted.
On
April 3, 2025, CalPortland Company (“CalPortland”) filed a Notice of Operator
Change informing the Commission that the facility operating under Mine ID
04-05432 is now operated by CalPortland and that moving forward the respondent
in the instant matter will list the current operator as “CalPortland on behalf
of Grimes Rock, Inc.”
In light of the operator’s submission, we
hereby amend the caption to reflect the change in operator.
On April 3, 2025, CalPortland on
behalf of Grimes Rock also filed an unopposed motion to dismiss Docket No. WEST 2022-0334 . Upon
consideration of Grimes Rock’s motion, the Commission’s direction granting review
of the above-referenced case, is hereby VACATED and the operator’s appeal is
DISMISSED.
/s/ Mary Lu Jordan
Mary Lu Jordan, Chair
/s/ Timothy J.
Baker
Timothy J. Baker,
Commissioner
/s/ Moshe Z.
Marvit
Moshe Z. Marvit,
Commissioner
Distribution:
Kenneth
H. Moss, Esq.
Pachowicz
& Goldenring PLC
6050
Seahawk Street
Ventura,
CA 93003
Tina
Amoke, Esq.
Pachowicz
& Goldenring PLC
6050
Seahawk Street
Ventura,
CA 93003
Mark
R. Pachowicz, Esq.
Pachowicz
& Goldenring PLC
6050
Seahawk Street
Ventura,
CA 93003
Alvaro
Saldivar
2531
Taffrail Ln.
Oxnard,
CA 93035
Ryan
M. Kooi, Esq.
Office
of the Solicitor, MSHA
U.S.
Department of Labor
201
12th Street South, Suite 401
Arlington,
VA 22202
Thomas
A. Paige, Esq.
Deputy
Associate Solicitor
US
Department of Labor
Office
of the Solicitor
Division
of Mine Safety and Health
200
Constitution Avenue NW, Suite N4428
Washington,
DC 20210
Melanie
Garris
US
Department of Labor/MSHA
Office
of Assessments, Room N3454
200
Constitution Ave NW
Washington,
DC 20210
Chief
Administrative Law Judge Glynn F. Voisin
Office
of the Chief Administrative Law Judge
Federal
Mine Safety & Health Review Commission
1331
Pennsylvania Avenue, NW, Suite 520N
Washington,
DC 20004-1710
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