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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Caldwell Coatings, LLC
Incomplete consolidated settlement remanded
OSHA issued Caldwell Coatings separate sets of citations in two cases that were later consolidated. The parties' settlement withdrew the citations in Docket 15-1216 but accidentally omitted all citations in Docket 15-1217, and the judge's approval order became final without resolving the…
Sandra G. McDonald v. George King, Mark Toler, Guardco Security, LLC and New Trinity Coal, Inc., as successor-in-interest to Frasure Creek Mining, LLC
Sandra G. McDonald v. George King, Mark Toler, Guardco Security, LLC and New Trinity Coal, Inc. (FMSHRC WEVA 2014-387 D): Case reopened to enforce a settlement, then dismissed once payment arrived
Sandra McDonald, a security guard assigned to a mine site, brought a discrimination complaint under section 105(c)(3) of the Mine Act. An ALJ approved a settlement in November 2016 requiring New Trinity Coal to pay her $5,000 by October 30 and $10,000 by November 30, plus attorney fees. New Trinity…
Secretary of Labor v. Northshore Mining Company
Missing a day of work made an eye injury reportable
A miner at Northshore's taconite pellet plant got a particle in his eye. A clinic doctor later removed a foreign body from his cornea and signed a report saying he should not work for the rest of that day. Northshore did not report the injury to MSHA, and an audit turned up the omission, producing…
Secretary of Labor v. Alcoa World Alumina, LLC
Original decision cutting negligence and deleting unwarrantable findings
A contractor employee from Turner Industries was seriously injured by hot caustic liquid while a crew worked to clear a blocked pipe at Alcoa's Bayer Alumina Plant in Point Comfort, Texas. MSHA issued one citation and two orders, alleging that Alcoa failed to protect miners from the hazardous…
Eastern Cross Shipping S.A. et al.
In re Eastern Cross Shipping S.A. et al. (EAB APPS Appeal No. 16-05C): Consent Agreement ratified
Eastern Cross Shipping S.A., Toyo Kaiun Co. Ltd., and Pacific Basin Chartering (HK) Ltd. resolved an EPA enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement into a Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered…
Secretary of Labor v. Prospect Mining and Development Company, Inc.
Missing roof-bolt warning drew no negligence, unexamined charger drew high
MSHA cited Prospect Mining's Carbon Hill Mine in two separate dockets, and Judge Thomas P. McCarthy heard both together under simplified proceedings. The first citation alleged that the last row of roof support bolts was not marked with a visible warning as 30 C.F.R. § 75.208 requires. The judge…
Aldridge Electric, Inc.
Excessive-heat general duty citation vacated
An Aldridge Electric employee suffered heat stroke while working on a Chicago transit construction project and died the next day. OSHA alleged that Aldridge exposed workers to excessive heat in violation of the general duty clause. After an extensive hearing, the judge found that the Secretary did…
Payton Roofing, Inc.
Safety-monitor violation affirmed with increased penalty
Payton Roofing employees worked on a low-slope commercial roof about nine feet above the ground without personal fall protection. A company officer said he was serving as the safety monitor, but he remained on the ground and could not see employees working on the back side of the roof. The judge…
F & H Coatings, LLC
Unsecured pressure-vessel hazard citation affirmed
F & H Coatings prepared to sandblast and paint a 12,000-pound cylindrical pressure vessel that rested unsecured on round pipe racks. The vessel became unstable, rolled off the racks, and fatally crushed an employee who was partly inside its manway. The judge found that the setup created a…
Secretary of Labor v. C.R. Briggs
A settlement penalty of zero dollars cannot be approved
MSHA and C.R. Briggs asked Judge William B. Moran to approve a settlement wiping out all penalties on 13 citations, dropping the originally assessed $29,691 to zero. The operator had filed for bankruptcy protection and its assets were being sold through a trustee, and the Secretary agreed to…
Matter of Miguel Angel ALVARADO
California perjury is an aggravated felony
The Board reconsidered a Guatemalan respondent's case after the Ninth Circuit remanded it for further analysis of a California perjury conviction. The Board held that the generic definition of perjury requires a knowing or willful material false statement made under an authorized oath or…
Secretary of Labor v. Acha Construction, LLC
Undersized loading ramp berms upheld as unwarrantable failure
An MSHA inspector cited Acha Construction at its Crusher 1 sand and gravel operation in Nevada for berms on a loading ramp that were not maintained at the height 30 C.F.R. § 56.9300(b) requires. Berms are the raised edges that keep a truck from going over the side of an elevated roadway. Acha…
Secretary of Labor v. Commonwealth Mining, LLC
A foreman's guilty plea does not prove the company's civil violation
A miner died at Commonwealth Mining's Tinsley Branch HWM 61 mine in October 2014 after entering a highwall mining hole, which 30 C.F.R. § 77.1502 prohibits without district manager approval. MSHA issued one citation designated significant and substantial, unwarrantable failure, and flagrant. The…
Matter of DHANASAR
National-interest waiver framework adopted
The Administrative Appeals Office reviewed a petition from an aerospace engineering researcher and educator who sought an immigrant classification and a waiver of the job-offer and labor-certification requirements. The decision vacated the framework from Matter of New York State Department of…
Peace Industry Group (USA) Inc. and Blue Eagle Motor, Inc.
In re Peace Industry Group (USA) Inc. and Blue Eagle Motor, Inc. (EAB CAA Appeal No. 16-03C): Consent Agreement ratified
Peace Industry Group (USA) Inc. and Blue Eagle Motor, Inc. resolved an EPA matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement by reference into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered the Respondents to comply…
Gene Estella v. Newmont USA Limited
Miner fired after anonymous MSHA safety complaints wins reinstatement
Gene Estella worked in the copper leach area at Newmont's Phoenix Mine in Nevada. He and coworkers made anonymous safety complaints to MSHA, an inspection followed, and citations were issued. Two weeks later Newmont suspended and then fired Estella and two other employees from that same area…
Houston Refining LP
In re Houston Refining LP (EAB CAA Appeal No. 16-04C): Consent Agreement ratified
Houston Refining LP resolved an EPA matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement by reference into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered Houston Refining LP to comply with all terms of the Consent…
Peace Industry Group
In re Peace Industry Group (EAB CAA Appeal No. 16-01): Mobile-source penalty reduced and service upheld
EPA's Air Enforcement Division brought a Clean Air Act mobile-source enforcement action against two Chinese corporations for importing or selling motorcycles and recreational vehicles without required certificates of conformity and for related warranty-information violations. After the corporations…
Secretary of Labor v. WESCO
Flyrock landing on a neighbor's yard put a person inside the blast area
WESCO is a blasting contractor that loaded and shot the explosives at the Adams Claim Mine, a surface gypsum mine in Lyon County, Nevada, operated by Art Wilson Company. Three days after an October 16, 2015 blast, a woman who lives next to the mine complained to MSHA that rock had rained down…
Daniel B. Lowe v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC and Matthew Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Daniel B. Lowe and Matthew Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC (FMSHRC WEST 2014-614 DM, WEST 2014-307 DM): Premature bankruptcy dismissals vacated and reassigned
A bankruptcy court enjoined Daniel Lowe and Matthew Varady from pursuing successor-liability claims against the purchaser of Veris Gold's assets. The FMSHRC judge then dismissed both Mine Act discrimination cases on his own initiative, although neither side had requested dismissal. The Commission…
Matter of W-A-F-C-
Deficient service on a minor can be corrected
The Board reviewed DHS's appeal after an Immigration Judge terminated removal proceedings against a 12-year-old respondent because the notice to appear had not been served according to the rule for minors under 14. The Board agreed that service was deficient, but held that DHS should receive…
Briones Utility Company
Trench cave-in citation reinstated with reduced penalty
Briones Utility Company used hydraulic shoring while employees exposed underground utility lines in a seven-foot-deep trench. The judge vacated OSHA's cave-in protection citation after finding that employee exposure was not proven and that entering the trench was necessary to install another shore…
Matter of M-S-B-
A time-barred asylum application can still be frivolous
The Board reviewed a Guinean respondent's appeal after an Immigration Judge found that his asylum application was frivolous and denied his other requested relief. The respondent had misstated his date of entry by more than two years, affecting whether the application met the one-year filing…
Secretary of Labor v. C.R. Meyer & Sons Company, Inc. and C.R. Meyer & Sons Company, Inc. v. Secretary of Labor
Secretary of Labor v. C.R. Meyer & Sons Company, Inc. (FMSHRC WEST 2014-482-M): MSHA may cite an operator for ignoring a temporary reinstatement order
C.R. Meyer & Sons, a contractor at the Mountain Pass mine and mill, laid off pipefitter Dustin Rodriguez, who then filed a discrimination complaint. A Commission judge ordered the company to reinstate him immediately while the complaint was pending. The company told the judge it would not put…
Secretary of Labor v. Red River Coal Company, Inc.
Bathhouse waiver lapse supports a $100 citation
Red River Coal's Stoker Plant could not support plumbing, so the company relied on an annually renewed waiver instead of providing bathing, changing, and flush-toilet facilities. MSHA denied the 2015 renewal, and Red River deliberately waited nearly five months without seeking an extension or…
Secretary of Labor v. Varra Companies, Inc.
Missing contest form excused after certified-mail proof
Varra Companies failed to contest an MSHA penalty assessment within 30 days, causing the assessment to become a final Commission order. Varra said it mailed contests for several assessments at the same time and supplied certified-mail receipts dated October 28 and October 30, 2014. MSHA received…
Secretary of Labor v. Robinson Construction
Missed penalty contest reopened after counsel mix-up
Robinson Construction failed to contest a proposed penalty within the Mine Act's 30-day deadline, so the assessment became a final Commission order. The operator said it had contested two related orders and fully intended to contest the penalty, but a miscommunication left both the company and its…
Secretary of Labor v. South Central Coal Company, Indiana, LLC
Two-day-late penalty contest reopened after staff illness
South Central Coal received an MSHA penalty assessment on February 13, 2015, but did not contest it within the Mine Act's 30-day deadline, so the assessment became a final Commission order on March 16. The operator said its contest form was filed two days late because the company's executive…
Secretary of Labor v. The Ohio Valley Coal Company
Contest form filed four days late by a new safety director, reopened
Under section 105(a) of the Mine Act an operator has 30 days from receiving a proposed penalty assessment to tell the Secretary it wants to contest it. Miss that window and the assessment becomes a final order of the Commission automatically. MSHA delivered Ohio Valley Coal's assessment on July 18…
Secretary of Labor v. Revelation Energy, LLC
Holiday closure excused three-day-late penalty contest
Revelation Energy did not contest an MSHA penalty assessment within the Mine Act's 30-day deadline, so the assessment became a final Commission order on January 26, 2015. The operator said the mine had been closed for several days during the Christmas holiday break, and the Secretary confirmed that…
The Doe Run Company v. Secretary of Labor and Secretary of Labor v. The Doe Run Company
The Doe Run Company v. Secretary of Labor (FMSHRC CENT 2016-283 RM, et al.): Amended escapeway settlement preserves one penalty docket
MSHA cited five Doe Run mines under 30 C.F.R. § 57.11050(a), alleging that two escapeways were not provided from all working areas. Doe Run argued that the two-escapeway requirement applied only to the mines' lowest levels, and the parties completed a four-day trial before settling. Under the…
Secretary of Labor v. Southway Construction Company, Inc.
Claimed mailed contest reopened without delivery proof
Southway Construction's proposed penalty became a final Commission order after MSHA recorded no contest within the Mine Act's 30-day deadline. The company said it mailed the contest form four days before the deadline, but it had no certified-mail delivery proof, and MSHA had no record of receiving…
Secretary of Labor v. Kentucky Fuel Corporation
Truck blocking and 103(k) violations draw $55,500
At Kentucky Fuel's Beech Creek Surface Mine, a mechanic worked beneath an unblocked grease truck and struck its starter with a hammer while another miner sat in the cab. The truck started and rolled backward about two feet, causing several broken ribs and a punctured lung; the mechanic later…
Secretary of Labor on behalf of Jeffrey Pappas v. CalPortland Company and Riverside Cement Company
Summary decision denied over disputed hiring motive
Riverside Cement and CalPortland each sought summary decision against the Secretary's claim that Jeffrey Pappas suffered employment discrimination after earlier mine-safety complaints. Riverside argued that it laid off its entire workforce after the mine sale, but the Secretary's claim also…
Secretary of Labor on behalf of Jeffrey Pappas v. CalPortland Company and Riverside Cement Company
Privileged discrimination records shielded from discovery
CalPortland and Riverside Cement asked Judge Alan G. Paez to compel the Secretary to produce an MSHA interview, an email, a memorandum, and other documents from Jeffrey Pappas in his discrimination case. The judge found the motion untimely because it came after the discovery deadline and more than…
Matter of L-T-P-
Mariel parole did not establish refugee or asylee status
The Board reviewed a Cuban respondent's appeal after an Immigration Judge denied adjustment of status and a waiver of inadmissibility. The respondent had entered during the 1980 Mariel migration as a Cuban/Haitian Entrant with parole documentation for Cuban asylum, but the Board held that this did…
Secretary of Labor v. Rock n Roll Coal Company, Inc.
All six citations and orders affirmed as written for $29,613
Rock N Roll Coal operates the underground Mine No. 7 in West Virginia. MSHA inspector Morgan issued six citations and orders across two 2015 inspections. They covered a missing directional cone on the secondary escapeway lifeline, a carbon monoxide monitor placed about 250 feet from its required…
Secretary of Labor v. Linwood Mining and Minerals Corporation
Safety director's illness excused a missed answer
MSHA proposed civil penalties against Linwood Mining and Minerals in September 2014. Linwood never filed an answer, so the Chief Administrative Law Judge issued a show cause order in June 2015 that became a default order the next month. Linwood asked the Commission to reopen, explaining that the…
Secretary of Labor v. Cemex Southeast, LLC
Elevator exam citation vacated for lack of fair notice
Cemex runs a cement plant in Demopolis, Alabama. After an elevator fatality at a different cement plant in Louisville, MSHA ran a spot inspection of the Demopolis elevators and cited Cemex under the workplace examination standard, 30 C.F.R. § 56.18002(a), for not having a competent person examine…
Secretary of Labor obo Raymond McKinney, Jr. v. Black River Coal, LLC
Temporary reinstatement ended when MSHA declined to sue
Raymond McKinney, Jr. filed a discrimination complaint against Black River Coal in June 2015. The Secretary applied for temporary reinstatement, which puts a miner back on the payroll while MSHA investigates, and Judge Jerold Feldman ordered it in August 2015 after the parties settled the…
Secretary of Labor v. Lehigh Anthracite Coal, LLC and Secretary of Labor v. Shane T. Wetzel, emp. by Lehigh Anthracite Coal, LLC
Secretary of Labor v. Lehigh Anthracite Coal, LLC and Shane T. Wetzel (FMSHRC PENN 2016-135, PENN 2014-108, PENN 2014-109): Both violations upheld, penalties cut, negligence reduced to high
A dragline bucket became buried under fallen coal at Lehigh's Tamaqua Mine in June 2013. Rather than clear it mechanically, the company sent hourly employee Erik Osenbach down a steep path into the pit twice, without fall protection, to hook chains to the bucket. The highwall above him had cracks…
Sandra G. McDonald v. George King, Mark Toler, Guardco Security, LLC and New Trinity Coal, Inc., as successor-in-interest to Frasure Creek Mining, LLC
Sandra G. McDonald v. George King, Mark Toler, Guardco Security, LLC and New Trinity Coal, Inc. (FMSHRC WEVA 2014-387 D): $50,000 discrimination settlement approved
Sandra G. McDonald worked as a contract security guard at a mine site run by Frasure Creek Mining. She filed a discrimination complaint in January 2014 saying she was fired in September 2013 after raising safety concerns, including that employees were not wearing hardhats and that her employers had…
Matter of Clement OBEYA
New York petit larceny is moral turpitude
The Board reviewed a Nigerian respondent's case after a federal court remanded it for analysis of a New York petit-larceny conviction. The Board held that the offense is categorically a crime involving moral turpitude because New York law requires intent to permanently or virtually permanently…
Matter of Guillermo DIAZ-LIZARRAGA
Arizona shoplifting is a crime involving moral turpitude
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings against a lawful permanent resident of Mexico who had three Arizona shoplifting convictions. The Board held that a theft offense involves moral turpitude when it involves taking…
ECCO USA, Inc.
In re ECCO USA, Inc. (EAB FIFRA Appeal No. 16-05C): $325,000 civil penalty and Consent Agreement ratified
ECCO USA, Inc. agreed to pay a $325,000 civil penalty to settle an EPA matter. The Environmental Appeals Board reviewed the Consent Agreement’s language about what payment would resolve and compared it with 40 C.F.R. § 22.18(c). The Board concluded that the Consent Agreement resolves only federal…
The Doe Run Company v. Secretary of Labor and Secretary of Labor v. The Doe Run Company
The Doe Run Company v. Secretary of Labor (FMSHRC CENT 2016-283 RM, et al.): Original escapeway settlement later corrected
MSHA cited five Doe Run mines under 30 C.F.R. § 57.11050(a), alleging that two escapeways were not provided from all working areas. Doe Run argued that the requirement applied only to the mines' lowest levels, and the parties completed a four-day trial before reaching a comprehensive settlement…
Jim Boyd Construction, Inc.
Trench violation reclassified as willful
Jim Boyd Construction used trench shields that did not extend above vertical trench walls and did not slope the soil above the shields as required by 29 C.F.R. § 1926.652(a)(1). The superintendent knew the requirement, considered stacking the shields, and chose not to comply because he believed…
Mark Bailey v. Rex Osborne, Colin Milam, Rockwell Mining, LLC and Gateway Eagle Coal Co., LLC
Discrimination claim fails on attendance record, default against absent operator
Roof bolter Mark Bailey said he was suspended with intent to discharge in September 2015 because he complained about roof height that forced bolters to leave the machine canopy and about dust from bolting in return air. Judge Margaret A. Miller agreed that Bailey engaged in protected activity, but…
Secretary of Labor v. Southwest Rock Products, LLC
Original release of the decision vacating the housekeeping citation
This is the original release of Judge William B. Moran's decision in the Southwest Rock Products housekeeping case, later reissued as an amended decision to fix a typo in the A.C. number. The company runs Portable #1, a two-person sand and gravel mine in Pinal County, Arizona. An MSHA inspector…
Secretary of Labor v. Southwest Rock Products, LLC
No housekeeping violation at a mine that had not started running that day
Southwest Rock Products runs Portable #1, a two-person sand and gravel mine in Pinal County, Arizona. An MSHA inspector arrived at 8:00 a.m. on July 7, 2015, before the plant started up, and at 8:50 a.m. cited the company under 30 C.F.R. § 56.20003(a), the housekeeping standard, for material built…
Suzuki Motor of America, Inc. and Suzuki Motor Corporation
In re Suzuki Motor of America, Inc. and Suzuki Motor Corporation (EAB CAA Appeal No. 16-01C): Consent Agreement ratified
Suzuki Motor of America, Inc. and Suzuki Motor Corporation resolved an EPA matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement by reference into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered the Respondent to comply…
Tarkett Alabama, Inc.
Turret-winder guarding citation vacated
Tarkett Alabama used turret winders to roll flooring products onto large cardboard cores. An employee entered a malfunctioning winder and became entangled in a spinning shaft, suffering multiple serious injuries. OSHA cited two winders under the general machine-guarding standard for caught-in and…
Matsu Ohio, Inc.
Lockout and power-press citation items vacated
Matsu Ohio manufactured stamped automotive parts using partial-revolution mechanical power presses. OSHA alleged several lockout/tagout and power-press violations involving servicing procedures, employee training, lock identification, die-setting procedures, and operating-mode selectors. The judge…
Matter of Gordon Ndok TIMA
Fraud waiver cannot waive a separate moral-turpitude removability charge
The Board reviewed a Cameroonian respondent's appeal on remand from the Third Circuit. The respondent had been convicted of making materially false statements about his marriage and was charged with marriage fraud, failure to maintain conditional permanent resident status, and removability for a…
Matthew A. Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Sua sponte dismissal followed bankruptcy sanction threat
Matthew Varady had established that Veris Gold discriminated against him under the Mine Act, but relief and potential successor liability against Jerritt Canyon Gold remained unresolved. A bankruptcy court enforced its free-and-clear sale order, enjoined Varady and Daniel Lowe from pursuing…
United Contractors Midwest, Inc. d/b/a R.A. Cullinan & Son
Willful trench citation left affirmed after split vote
United Contractors Midwest employees worked in a seven-to-eight-foot-deep excavation whose Type B soil walls were not properly sloped or benched. The judge affirmed a willful violation of 29 C.F.R. § 1926.652(a)(1) and rejected the company's unpreventable employee misconduct defense. The Commission…
Secretary of Labor on behalf of Thomas McGary and Ron Bowersox, et al. v. The Marshall County Coal Co., et al.
Secretary of Labor obo Thomas McGary and Ron Bowersox, et al. v. The Marshall County Coal Co., et al. (FMSHRC WEVA 2015-583-D, et al.): Penalties cut back to the proposed amount on remand, CEO statement rewritten
At five underground coal mines owned by Murray Energy, CEO Robert Murray held mandatory "awareness meetings" announcing that miners who complained to MSHA also had to tell management. Judge Miller had already found that this interfered with the miners' right under section 103(g) to request an…
Secretary of Labor v. Carson Hill Rock Products
Default reopened where the answer went to MSHA but not to the judge
Carson Hill Rock Products was hit with a default order after the Commission's records showed no answer to MSHA's March 18, 2014 penalty petition. The Chief Administrative Law Judge issued an order to show cause on June 20, 2014, and it became a default order on July 21, 2014. Carson Hill said it…
Secretary of Labor v. Jesse Creek Mining, LLC
Default reopened over a dissent on unreliable office procedures
Jesse Creek Mining did not answer MSHA's July 14, 2015 penalty petition, so the Chief Administrative Law Judge issued an order to show cause that became a default order on September 28, 2015. The company moved to reopen, giving three reasons: its safety director had been reassigned, an office…
Secretary of Labor v. Bluff City Minerals
Default vacated after both sides litigated a case that was already closed
Bluff City Minerals was defaulted on September 2, 2014 when the Commission's records showed no answer to MSHA's April 25, 2014 penalty petition. Bluff said it had responded to the order to show cause on August 14, 2014 and filed an answer, and the Secretary confirmed receiving that answer, but…
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.