Secretary of Labor v. Panther Creek Mining, LLC

Plain-English summary

Panther Creek Mining asked the Commission to reopen a penalty assessment that had become final. The Secretary did not oppose the request. The Commission reopened the matter, remanded it for further proceedings, and directed the Secretary to file a penalty petition within 45 days.

Decision snapshot

• Cited authority: 30 U.S.C. § 813(a); 29 C.F.R. § 2700.28
• Outcome: The final assessment was reopened and the matter was remanded.
• Key point: The Commission granted the operator's unopposed reopening motion without providing additional factual analysis.

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.

PANTHER CREEK MINING, LLC

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Docket No. WEVA 2020-0258

A.C. No. 46-05437-505196

BEFORE:  Rajkovich, Chairman; Althen
and Traynor, 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”). The
Commission has received a motion from the operator seeking to reopen a penalty
assessment which had become a final order of the Commission pursuant to section
105(a) of the Mine Act, 30 U.S.C. § 813(a). The Secretary states that he does
not oppose the motion.

Having reviewed movant’s unopposed
motion to reopen, we reopen this matter and remand it to the Chief Administrative
Law Judge for further proceedings pursuant to the Mine Act and the Commission’s
Procedural Rules, 29 C.F.R. Part 2700. Consistent with Rule 28, the Secretary
shall file a petition for assessment of penalty within 45 days of the date of
this order. See 29 C.F.R. § 2700.28.

/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 (email)

Jonathan R. Ellis, Esq.

Colton C. Parsons, Esq.

Steptoe and Johnson, PLLC

Attorneys for Panther Creek Mining, LLC

[email protected]

[email protected]

Archith Ramkumar, Esq.

Appellate Counsel

Office of the Solicitor

Division of Mine Safety and
Health

[email protected]

Chief Administrative Law Judge
Glenn Voisin

Federal Mine Safety & Health
Review Commission

[email protected]

Melanie Garris

Office of Civil Penalty
Compliance

Mine Safety and Health
Administration

[email protected]