Federal Agency Decisions
Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental appeals from the EPA's Environmental Appeals Board, each with a plain-English summary, the standards it cites, and whether it counts as precedent. More agencies are coming.
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Danbi, Inc.
Incorrect zip code remanded for good-cause findings
MSHA assessed $34,100 for two unwarrantable-failure orders, but Danbi said it never received the assessment because its legal identification form contained a mistyped zip code. The company stated that it had tried several times to correct the address without realizing those efforts had failed. It…
Northern Lakes Concrete, Inc.
Three conclusory reopening requests denied without prejudice
Northern Lakes Concrete had previously contested five underlying citations but failed to contest the three later penalty assessments. Its safety director attributed the missed deadlines to mistake, inadvertence, administrative error, and a clerical failure to bring the assessments to his attention…
Pitlick & Wick, Inc.
Four conclusory reopening requests denied without prejudice
Pitlick & Wick missed the contest deadlines for four proposed penalty assessments issued on the same day. Its safety director attributed the failures to mistake, inadvertence, administrative error, and a clerical failure to bring the assessments to his attention. The Secretary did not oppose…
Matter of Cristoval SILVA-TREVINO
A categorical framework for crimes involving moral turpitude
The Attorney General reviewed a Board decision about whether a Texas conviction for indecency with a child was a crime involving moral turpitude. The decision established a three-step approach that starts with the statute of conviction, then examines the record of conviction when necessary, and…
Mass Transport, Inc.
Address dispute remanded for contest-timing finding
MSHA issued Mass Transport a proposed assessment for one citation and three orders arising at the Delbarton Preparation Plant. Mass Transport said it missed the contest deadline because MSHA mailed the assessment to an incorrect address, while the Secretary maintained that the assessment and…
Five Star Mining, Inc.
Misread assessment remanded for good-cause finding
Five Star's counsel filed an untimely contest after misreading the proposed assessment and calculating the deadline incorrectly. A later delinquency letter went to the company's accounting department, while the safety manager and counsel believed the citation had been contested. Counsel learned of…
Highland Mining Co., LLC
Three violations affirmed without S&S findings
Highland faced 28 violations and $74,232 in proposed penalties at its Highland 9 mine. The parties settled 25 violations, leaving two combustible-oil accumulation citations and one diesel-equipment ventilation citation for decision. Highland admitted the three violations but challenged their…
Matter of F-P-R-
Last arrival means the most recent arrival from abroad
The Board considered whether an asylum applicant's one-year filing period should be measured from an earlier arrival in the United States or from his most recent return after a trip abroad. The Board held that “last arrival” in 8 C.F.R. § 1208.4(a)(2)(ii) ordinarily means the alien's most recent…
Mora Mutual Domestic Water Consumers and Sewage Works Association
In re Mora Mutual Domestic Water Consumers and Sewage Works Association (EAB NPDES Appeal No. 08-20): extension of appeal deadline denied
Mora Mutual Domestic Water Consumers and Sewage Works Association asked the Environmental Appeals Board for more time to appeal its NPDES permit. The Board found that the permit decision had been served on September 17, 2008, making October 20, 2008 the filing deadline, and that scheduling…
WR Exterior Design Construction, Inc.
Late-answer dismissal set aside for further inquiry
An administrative law judge dismissed WR Exterior Design Construction's notice of contest after the company failed to answer the Secretary's complaint, affirming citations and $19,600 in proposed penalties. The Commission found that the pro se company apparently never received the show-cause order…
PBS Coals, Inc. and Musser Engineering, Inc.
Gross negligence findings led to $110,000 in penalties
These proceedings followed the July 24, 2002 inundation at the Quecreek No. 1 Mine, which trapped nine miners underground. An earlier ruling had found that PBS Coals and Musser Engineering violated the mine-mapping standard by using an inaccurate boundary for an adjacent flooded mine. After a…
American Tower Corporation
In re American Tower Corporation (EAB EPCRA Appeal No. 08-01C): consent-based Final Order approved
EPA and American Tower Corporation consented to entry of a Final Order under EPCRA docket number EPCRA-HQ-2007-6001. The Board approved and incorporated the Consent Agreement. It ordered American Tower Corporation to comply with the agreement immediately. The release does not state a penalty amount…
Windstream Corporation
In re Windstream Corporation (EAB CWA 08-01C and EPCRA 08-02C): consent-based Final Order approved
EPA and Windstream Corporation consented to entry of a Final Order under Clean Water Act and EPCRA docket numbers. EPA published notice of the proposed Final Order in the Federal Register, the public comment period closed, and no comments were received. The Environmental Appeals Board approved and…
Matter of C-R-C-
Evidence overcame regular-mail delivery presumption
The Board considered whether to reopen removal proceedings after the respondent said he had not received a Notice to Appear sent by regular mail. The respondent submitted an affidavit stating that he still lived at the address used, showed that he had an incentive to appear because he had applied…
Matter of M-R-A-
Regular-mail notice carries a weaker delivery presumption
The Board considered a motion to reopen an in absentia removal order after the respondent said he did not receive a Notice of Hearing sent by regular mail. The Board held that a properly addressed notice sent by regular mail carries a presumption of delivery, but that presumption is weaker than the…
Stratcor, Inc.
MSHA discussions did not suspend contest deadline
MSHA proposed penalties for 13 citations issued to Stratcor. The company missed the 30-day contest deadline while asking several MSHA offices about the basis and amount of the penalties. The Secretary did not oppose reopening but emphasized that discussions with MSHA do not suspend the statutory…
Jim Walter Resources, Inc.
Sealed-area pump citations vacated
Jim Walter Resources used nonpermissible deep well pumps to remove water from permanently sealed areas of its No. 4 and No. 7 mines. MSHA cited the pumps because their power connections were outby the last open crosscut, were not permissible, and were not in intake air. On cross-motions for summary…
Jessee Stone Company
Delinquency notice required good-cause inquiry
Jessee Stone sought to reopen an uncontested penalty assessment, saying the citation had somehow been omitted or misplaced during settlement of other citations. The Secretary did not oppose reopening but explained that this citation was never part of the other litigation or settlement and that MSHA…
Black Beauty Coal Company
Supported roof rock citation vacated
MSHA cited Black Beauty for an allegedly inadequate preshift examination after an inspector found a large roof rock above a travelway to a seal construction area. The inspector believed the rock and bowed metal straps created a serious fall hazard that should have been recorded. The company's…
Maulsby Farms, LLC
In re Maulsby Farms, LLC (EAB CAA 08-01C, CERCLA 08-01C, and EPCRA 08-03C): consent agreement ratified and $200 penalty assessed
EPA offered animal feeding operations a consent process addressing potential liabilities under the Clean Air Act, CERCLA, and EPCRA. Maulsby Farms, LLC entered a Consent Agreement that the Environmental Appeals Board reviewed and ratified. The Board ordered Maulsby Farms to comply with the…
Consent Agreements and Proposed Final Orders for Animal Feeding Operations
In re Consent Agreements and Proposed Final Orders for Animal Feeding Operations (EAB CAA, CERCLA, and EPCRA appeals): penalty and name/address corrections
EPA asked the Environmental Appeals Board to correct 41 previously ratified consent agreements for animal feeding operations. The Office of Enforcement and Compliance Assurance represented that penalty amounts for 25 respondents had been miscalculated, largely because respondents supplied incorrect…
Consent Agreements and Proposed Final Orders for Animal Feeding Operations
In re Consent Agreements and Proposed Final Orders for Animal Feeding Operations (EAB CAA, CERCLA, and EPCRA appeals): responsibility transferred for six agreements
The Environmental Appeals Board had ratified consent agreements for animal feeding operations resolving potential liabilities under the Clean Air Act, CERCLA, and EPCRA. EPA reported that six respondents sold their farms after the agreements were approved, and that the new owners agreed to assume…
Consent Agreements and Proposed Final Orders for Animal Feeding Operations
In re Consent Agreements and Proposed Final Orders for Animal Feeding Operations (EAB CAA, CERCLA, and EPCRA appeals): 17 agreements vacated
The Environmental Appeals Board had ratified consent agreements for animal feeding operations resolving potential liabilities under the Clean Air Act, CERCLA, and EPCRA. EPA asked the Board to vacate 17 agreements because nine respondents had sold or shut down their farms before approval, and eight…
Matter of Rolando Manapa FEDERISO
A fraud waiver requires a living qualifying relative
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's grant of a fraud waiver under section 237(a)(1)(H) of the Immigration and Nationality Act. The respondent had entered the United States as a lawful permanent resident based on a first-preference…
Dixie Sand and Gravel, LLC
Two-day-late penalty contest sent for a good-cause determination
MSHA proposed penalties for six citations, but Dixie Sand and Gravel submitted its contest two days after the 30-day deadline. Dixie attributed the delay to sudden personnel reductions and a mistaken belief that the deadline ran in business days rather than calendar days. The Secretary did not…
DBS, Inc.
Four late penalty contests sent for a good-cause determination
DBS had contested the citations covered by four proposed penalty assessments but did not separately contest the penalties within 30 days. The company said it did not understand that both steps were required and learned of the final assessments when the Secretary moved to dismiss the citation…
United Taconite, LLC
Late penalty contest sent for a good-cause determination
MSHA issued United Taconite a proposed assessment covering 54 citations, but the company did not contest it within 30 days. The company said the assessment went to an area safety manager who was away while his office contents were placed in storage during remodeling. The Secretary did not oppose…
FUJIFILM Manufacturing U.S.A., Inc.
In re FUJIFILM Manufacturing U.S.A., Inc. (EAB TSCA Appeal No. 08-02C): consent agreement ordered and $26,230 penalty assessed
EPA and FUJIFILM Manufacturing U.S.A., Inc. signed and consented to entry of a Final Order. The Environmental Appeals Board incorporated the Consent Agreement into the order and required FUJIFILM to comply with all its terms. The Board assessed a $26,230 civil penalty and required payment by…
The Metropolitan Museum of Art
Employee letter required review of possible party status
OSHA cited the Metropolitan Museum of Art for six violations with $7,500 in proposed penalties, and the Secretary and museum later submitted a settlement reducing the total penalty to $3,700. An affected employee had earlier sent a letter asking that his materials be considered and raising…
Jacob Mining Company, LLC
Disputed penalty payment sent for a good-cause determination
Jacob Mining timely contested four citations but did not separately contest a later penalty assessment covering two of them. The company said the assessment was mistakenly routed to accounting and paid instead, while MSHA's records showed that no payment had been received. The Secretary did not…
Voss Sand Works, Inc.
Undelivered assessment sent for a good-cause determination
MSHA proposed penalties for three citations, but Voss Sand Works did not respond and later said it never received the assessment. The Secretary confirmed that Federal Express returned the assessment undelivered even though it had been sent to the operator's address of record. She did not oppose…
Bledsoe Coal Corporation
Clerical filing error sent for a good-cause determination
MSHA proposed $118,538 in penalties for six violations, and Bledsoe Coal intended to contest all of them. The company's safety director said he marked the assessment and sent it to clerical staff, who misunderstood his notation and did not mail the contest within 30 days. The Secretary did not…
Blue Diamond Coal Company
Two fatal-accident citations vacated on summary decision
The case followed a fatal fall from an aerial bucket while a maintenance supervisor employed by another company was using the boom to pull a wooden post from concrete. MSHA cited Blue Diamond for failing to require a safety belt and for failing to maintain the aerial bucket in safe operating…
StarTran, Inc.
Court's partial remand returned recordkeeping case for further proceedings
The Fifth Circuit reviewed the Commission's earlier decision affirming a StarTran citation under OSHA's recordkeeping-access rule. The court affirmed the Commission in part and remanded the case in part in an unpublished opinion. After receiving the court's mandate, the Commission remanded the…
Twentymile Coal Company
Misdirected contest form sent for a good-cause determination
Twentymile Coal sought to contest the penalty for one citation after its assessment became a final order. The Commission had denied an earlier reopening request without prejudice because the company explained only why uncontested penalties were paid late, not why the contest form was not returned…
Matter of Andres ARMENDAREZ-Mendez
Departure bar blocks reopening after removal
The respondent was removed from the United States under a final administrative removal order and later asked the Board to reopen his proceedings so he could seek section 212(c) relief. The Board held that 8 C.F.R. § 1003.2(d), known as the departure bar, prevents the Board from exercising…
Matter of M-F-W- & L-G-
IUD insertion and resistance under China’s family planning policy
The Board reconsidered the asylum, withholding of removal, and Convention Against Torture claims of a mother and son from China after a remand from the Second Circuit. The lead respondent had an intrauterine device inserted under China’s family planning policy, later removed it, missed required…
Beeland Group, LLC, Beeland Disposal Well #1
In re Beeland Group, LLC, Beeland Disposal Well #1 (EAB UIC Appeal No. 08-02): UIC permit upheld
EPA Region 5 issued Beeland Group, LLC a permit to construct and operate a Class I non-hazardous underground injection well in Antrim County, Michigan. Star Township, Antrim County, and Friends of the Jordan River challenged the permit's technical findings, the characterization of the proposed…
Cumberland Coal Resources, LP.
High-spot methane testing violation reduced to non-S&S
MSHA cited Cumberland Coal for failing to properly test for methane near the roof of a high spot in an intake entry. The Judge found that preshift examiners routinely used a probe that could reach only about 15 to 16 feet in an area that rose as high as 21 feet, rather than testing within 12 inches…
Masonry Arts, Inc.
Scaffold planking, access, and repeat guardrail items totaled $12,500
Masonry Arts employees performed block repair work from a scaffold platform approximately 12.5 feet above the ground at a new Florida high school gymnasium. The judge found a five-inch gap between planks, no safe ladder access, and no guardrail or other fall protection on the platform. He rejected…
Matter of R-A-
Domestic-violence asylum case remanded for reconsideration
The Attorney General reviewed the history of Matter of R-A- , an asylum case involving a Guatemalan woman who alleged persecution based on domestic violence. Earlier Attorney General actions vacated the Board’s decision and directed reconsideration after a proposed asylum rule, but the rule was…
Sanderson Farms, Inc.
Unstable freezer pallet storage resulted in a $6,300 penalty
Sanderson Farms stored 2,200-to-2,500-pound pallets of frozen chicken on an aging freezer rack system with frequently damaged legs and little margin for placement error. A maintenance employee died from smoke inhalation and burns after beginning to cut a damaged rack leg while loaded pallets…
Matter of Viviana Alejandra GUADARRAMA de Contreras
False citizenship claim does not automatically bar good moral character
The Board reviewed an Immigration Judge’s denial of cancellation of removal to a Mexican respondent who had falsely claimed United States citizenship on a Form I-9 to obtain employment. The Board held that the catch-all provision of section 101(f) of the Immigration and Nationality Act may support…
FABI Construction Company, Inc., and PRO Management Group
Court required a factual basis for penalty increase
The D.C. Circuit reviewed the administrative law judge's decision after it became a final Commission order without discretionary review. The court granted review of the penalty for a concrete-formwork violation and found that the judge increased the Secretary's proposed $2,500 penalty to $7,000…
Matter of A-T-
Withholding claim remanded after female genital mutilation ruling
The Attorney General reviewed a Board decision denying withholding of removal to a Malian woman who had previously undergone female genital mutilation and feared future harm if returned. The Attorney General held that the Board had focused incorrectly on whether the future harm would repeat the…
Weatherton Contracting Co., Inc.
Two silica overexposure citations affirmed as S&S
MSHA cited Weatherton Contracting after sampling showed that a loader operator and crusher operator were overexposed to respirable silica dust. The company did not dispute the violations but challenged their S&S designations. The Judge found the violations S&S because the exposures were…
Agapito Associates, Inc.
Full stay denied while discovery was suspended
MSHA cited engineering consultant Agapito Associates after the Crandall Canyon Mine pillar failure that killed six miners. Following a criminal referral, the Secretary asked to stay the civil contest so broader civil discovery would not interfere with the criminal investigation. Agapito opposed a…
Matter of Kelechi Gerald NWOZUZU
Lawful permanent residence required for derivative citizenship
The Board reviewed the Department of Homeland Security’s appeal after an Immigration Judge terminated removal proceedings against a Nigerian respondent who claimed derivative United States citizenship through his naturalized parents. The respondent’s parents naturalized while he was under 18, but…
Elan Lawn and Landscape Service, Inc.
One-day-late contest required an evidentiary record
Elan Lawn filed its notice of contest one day after the deadline calculated from a disputed certified-mail receipt, and the judge denied relief without a hearing. The Commission noted that the Secretary's dismissal request did not comply with the rule requiring a separate motion and consultation…
Wynnewood Refining Company
Delayed flare-line replacement was willful and drew a $63,000 penalty
Wynnewood Refining Company operated an Oklahoma petroleum refinery that used hydrofluoric acid in its alkylation unit. OSHA alleged that the company violated the process safety management standard by failing to correct deficiencies in the unit's flare line before further use or in a safe and timely…
Essroc San Juan, Inc.
In re Essroc San Juan, Inc. (EAB NPDES Appeal No. 07-20): permit appeal remanded after consent order
EPA Region 2 issued Essroc San Juan, Inc. an NPDES permit with seven contested conditions. The parties later executed a Consent Order that stayed those seven conditions for one year, while the remaining permit conditions stayed enforceable. The Board remanded the matter to Region 2 instead of…
Twentymile Coal Co.
Refuge-chamber requirement stands after evenly divided review
Twentymile's emergency response plan did not provide a refuge chamber for miners working in the roughly four miles of main entries between the portals and an intake air shaft. MSHA required a chamber near the midpoint with breathable air for miners who could not evacuate after an emergency, and the…
Spartan Mining Company, Inc.
Four fatal-electrocution violations upheld, one penalty reduced
A continuous miner damaged its trailing cable during a mine-wide power outage, and an electrician was fatally shocked when a foreman restored power while the cable was being repaired. The Commission affirmed violations for failing to protect the cable, lock and tag it out, remove it from service…
James Blevins and Maverick Mining Co.
Delayed penalty case allowed to proceed
Maverick Mining sought dismissal of two $20,500 proposed penalties issued about two years after MSHA's accident report concerning a fatal mine accident. The company argued that the delay was unreasonable and prejudicial because the mine had closed and witnesses could be difficult to locate or…
Gabriel Robles v. Lafarge North America, Inc.
Discrimination complaint dismissed as untimely
Gabriel Robles alleged that Lafarge terminated him because of protected activity under the Mine Act. His MSHA discrimination complaint was filed more than five months after the statutory 60-day deadline. Robles said poverty prevented him from affording the postage, but the Judge found that…
H.H. Rauh Paving, Inc.
Seasonal-office delay sent for a good-cause determination
MSHA proposed penalties for eight citations and orders issued to H.H. Rauh Paving's aggregate mine. The seasonal operator said its chief executive was out of town when the assessment arrived and did not receive it until late February, after which the company contacted MSHA about reopening. Rauh…
Climax Molybdenum Company
Chute citations affirmed with reduced gravity and penalties
MSHA cited Climax Molybdenum for leaving open a chute door that exposed a moving head pulley and for having workers scrape material from the chute while the conveyor was operating. The Judge affirmed the guarding violation as S&S because a worker who slipped or fell could contact the belt and…
Jim Walter Resources, Inc.
Roof-control citation vacated after fatal bolting accident
A miner was fatally injured after falling backward during roof-bolt installation at the end of a longwall panel. MSHA alternatively alleged that Jim Walter Resources failed to adequately support the roof or failed to take additional measures required by its roof control plan. The Judge found that…
Matter of Houng SAYSANA
Non-DHS release can trigger mandatory detention
The Board reviewed the Department of Homeland Security’s appeal from an Immigration Judge’s order releasing a respondent on bond. The respondent was in removal proceedings based on an aggravated-felony conviction and had later been released from non-DHS custody after an arrest for failure to…
National Cement Company of California, Inc. and Tejon Ranchcorp
Shared access road held outside Mine Act jurisdiction
MSHA cited National Cement for lacking berms or guardrails along a 4.3-mile access road shared with Tejon Ranch and other authorized users. After a court remand, the Secretary argued that the road was a mine under the Mine Act's private-road provision but that a separate subsection excluded…
What these documents are
- The agencies: Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB). Each decision page names its agency.
- Commission and Board decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.