Secretary of Labor v. R.J. Valente Gravel, Inc.

Plain-English summary

The Commission had reopened R.J. Valente Gravel's case, and the Secretary appealed that reopening order to the D.C. Circuit. The operator then accepted the citation and paid the full penalty, leading the court to dismiss the appeal as moot and return the matter to the Commission. After jurisdiction returned, the Commission lifted the judge's stay. It dismissed the underlying proceeding as moot because the operator had accepted and paid the assessment.

Decision snapshot

• Cited authority: None stated in the order
• Outcome: The stay was lifted and the proceeding was dismissed as moot.
• Key point: Full payment and acceptance of the citation eliminated the dispute after appellate remand.

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.

R.J.
VALENTE GRAVEL, INC.

Docket
No. YORK 2023-0115

A.C.
No. 30-03434-578738

BEFORE:
Jordan, Chair; Baker and Marvit, Commissioners

ORDER

BY
THE COMMISSION:

On June 3, 2024, the Commission issued an
order reopening this case against R.J. Valente Gravel, Incorporated (“R.J.
Valente”), which had become a final order of the Commission, and remanding it
to the Chief Administrative Law Judge for further proceedings. The Secretary
appealed the Commission’s order to the Court of Appeals for the District of
Columbia Circuit. On August 13, 2024, the Commission’s Chief Judge issued an
order staying this proceeding pending the D.C. Circuit’s review of the order to
reopen.

On August 14, 2024, R.J. Valente filed with
the D.C. Circuit a motion to dismiss the appeal on the basis that it had
accepted the citation as assessed and paid the full penalty amount to the Mine
Safety and Health Administration (“MSHA”), rendering the case moot. Finding
that the operator had “paid the penalty giving rise to the underlying
proceeding before the Commission” and “concede[d] that it ha[d] obtained all
the relief it [sought],” the Circuit Court granted the operator’s motion,
dismissed the appeal as moot, and remanded the case to the Commission. The
Court’s mandate returning jurisdiction to the Commission was issued on January
7, 2025.

Accordingly, in light of the operator’s
payment of the penalty and acceptance of the citation as assessed, the Chief
Judge’s order of stay is lifted, and this proceeding is dismissed as moot.

/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:

Michael
T. Cimino, Esq.

Benjamin
J. Wilson, Esq.

JACKSON
KELLY PLLC

P.O.
Box 553

Charleston,
WV 25130

[email protected]

[email protected]

Karen
L. Johnston, Esq.

JACKSON
KELLY PLLC

1099
18th Street, Suite 2150

Denver,
CO 80202

[email protected]

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

[email protected]

Emily
O. Roberts, Esq.

Division
of Mine Safety and Health

Office
of the Solicitor

200
Constitution Avenue NW Suite N4420 – N4430

Washington,
DC 20210

[email protected]

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

Office
of the Chief Administrative Law Judge

Federal
Mine Safety Health Review Commission

1331
Pennsylvania Avenue, NW Suite 520N

Washington,
DC 20004-1710

[email protected]