Secretary of Labor v. Ben's Creek Operations WV, LLC (Commission decision, April 25, 2025)

Secretary of Labor v. Ben's Creek Operations WV, LLC (FMSHRC WEVA 2023-0530): Commission review withdrawn

Decision type

Commission decision

Docket

WEVA 2023-0530

Decided

April 25, 2025

Outcome

Procedural

Precedential status

Citable Commission precedent

Checked against source

2026-07-30

Official source

Read the official release (fmshrc.gov)

PDF

View Official PDF

Apply this precedent to your situation

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.

Decision of the Commission

This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. The full text below is from the official FMSHRC release.

About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.

Read the official release (fmshrc.gov)

Plain-English summary

The Commission had granted the Secretary of Labor's petition for discretionary review of the judge's decision in April 2024. After further consideration, all three Commissioners concluded that review had been improvidently granted. The Commission vacated its direction for review. The short order gives no additional explanation of the issues or the reason for ending review.

Decision snapshot

Cited authority: None stated in the order
Outcome: The direction for discretionary review was vacated.
Key point: The Commission ended review after deciding that granting the Secretary's petition had been improvident.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON,
DC 20004-1710

April 25, 2025

SECRETARY
OF LABOR,

MINE
SAFETY AND HEALTH

ADMINISTRATION
(MSHA)

BEN’S
CREEK OPERATIONS WV, LLC

Docket
No. WEVA 2023-0530

ORDER

On
April 16, 2024, the Commission issued a Direction for Review granting the Secretary of Labor’s Petition for Discretionary Review of the Judge’s decision on the captioned matter. Upon further consideration of the issues before the Commission, we have determined that review was improvidently granted. Accordingly, the Direction for Review is hereby VACATED.

/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:

Thomas
A. Paige, Esq.

Office
of the Solicitor

U.S.
Department of Labor

Division
of Mine Safety and Health

200
Constitution Avenue NW, Suite N4428

Washington,
DC 20210

[email protected]

Albert Grimmett,
Superintendent

Ben’s Creek
Operations WV, LLC

Surface Mine 1

109 Capitol
Street, Suite 1000

Charleston, WV 25301

Melanie
Garris

US Department of Labor/MSHA

Office
of Assessments, Room N3454

200
Constitution Ave NW

Washington,
DC 20210

[email protected]

Chief
Administrative Law Judge Glynn F. Voisin

Federal Mine Safety Health Review Commission

1331 Pennsylvania Avenue, NW Suite 520N

Washington, DC 20004-1710

[email protected]

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