Secretary of Labor v. Brody Mining, LLC (Commission decision, October 20, 2016)

Plain-English summary

Brody Mining asked the Commission in June 2015 to reopen this docket. Before the Commission ruled on that request, the company asked to withdraw it in January 2016. The Commission granted the withdrawal and dismissed the case. The order does not address why reopening was requested, whether reopening would have been justified, or the merits of the underlying matter. Its practical effect is to leave the docket closed without further proceedings on Brody's motion.

Decision snapshot

• Cited standard(s): None; the order rests on the Mine Act generally, 30 U.S.C. § 801 et seq.
• Outcome: Brody Mining's motion to withdraw was granted and the case was dismissed.
• Key point: The Commission did not reach the reopening request after the operator chose to withdraw it.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND
HEALTH REVIEW COMMISSION

1331 PENNSYLVANIA AVENUE, NW, SUITE 520N

WASHINGTON, DC 20004-1710

SECRETARY
OF LABOR,                             :                                     

MINE
SAFETY AND HEALTH                    :                                                         

ADMINISTRATION
(MSHA)                       :       

:

:        Docket No. WEVA 2015-836

v.                                              
 :        A.C. No. 46-09086-376033      

:                   

BRODY
MINING, LLC                                   :

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

ORDER

BY THE
COMMISSION:

This
matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.   
§ 801 et seq. (2012) (“Mine Act”). On June 29, 2015, the Commission received
from Brody
Mining, LLC
(“Brody”)
a motion to reopen Docket No. WEVA 2015-836 . On January 19,
2016, Brody requested to withdraw its motion.

We
hereby grant Brody’s motion to withdraw in Docket No. WEVA 2015-836 . Accordingly,
this case is dismissed.

/s/ Mary Lu
Jordan

Mary Lu Jordan, Chairman

/s/ Michael G.
Young

Michael G.
Young, Commissioner

/s/ Robert F.
Cohen, Jr.

Robert F. Cohen,
Jr., Commissioner

/s/ William I.
Althen

William I.
Althen, Commissioner

Distribution:

Michael
T. Cimino, Esq.

Jackson
Kelly, PLLC

1600
Laidley Tower

P.O.
Box 3553

Charleston,
WV 25322

W.
Christian Schumann, Esq.

Office
of the Solicitor

U.S.
Department of Labor

201
12th Street South, Suite 401

Arlington,
VA 22202-5450

Chief
Administrative Law Judge Robert J. Lesnick

Federal
Mine Safety & Health Review Commission

1331
Pennsylvania Ave. N.W., Suite 520N

Washington,
DC 20004-1710

Melanie
Garris

Office
of Civil Penalty Compliance

Mine
Safety and Health Administration

U.S.
Department of Labor

201
12th Street South, Suite 401

Arlington,
VA 22202-5450