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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Matter of A-R-C-G- et al., Respondents
Matter of A-R-C-G- et al. (BIA ID 3811): domestic-violence group recognized for asylum analysis
The Board reviewed the appeal of a Guatemalan mother and her three children after an Immigration Judge denied asylum and withholding of removal. The lead respondent described repeated domestic violence and the lack of effective police protection in Guatemala. The Board held that, depending on the…
Secretary of Labor v. Oak Grove Resources, LLC
Flagrant-violation proof question certified for review
Oak Grove faced a proposed flagrant designation for coal-dust accumulations under 30 C.F.R. § 75.400. Judge Jerold Feldman required the Secretary to explain how the cited condition itself could substantially and proximately cause death or serious bodily injury, rather than relying on possible…
Secretary of Labor v. Beelman Truck Co.
Jurisdiction challenge denied pending discovery
Beelman Truck hauled coal and limestone to and from Mississippi Lime's mine, where one of its drivers drove through a berm, crashed, and died after an apparent heart attack. MSHA cited Beelman for failing to report the event within 15 minutes and for removing the truck before the accident…
J. Cook Enterprises, Inc.
Fall-protection citations vacated because employment relationship was not proven
OSHA cited J. Cook Enterprises after a residential framing worker fell 11.5 feet and died. The items alleged inadequate jobsite inspections, lack of residential fall protection, and failure to report the fatality within eight hours. The central issue was whether J. Cook Enterprises employed the…
Marshall J. Justice v. Gateway Eagle Coal Co.
MSHA interview memoranda ordered for private review
Marshall Justice pursued his own Mine Act discrimination case after MSHA declined to file for him and subpoenaed the agency's investigative file. The Secretary refused to produce the file or an MSHA official, citing Department of Labor approval rules and several privileges, although Justice…
Secretary of Labor on behalf of Cheryl Garcia v. Veris Gold U.S.A., Inc.
Economic reinstatement request denied
A prior order temporarily reinstated Cheryl Garcia to her former job but declined to require Veris Gold to pay her without receiving her labor. The Secretary sought reconsideration after management changes and Garcia's concerns about returning to the mine, asking the judge to impose economic…
Secretary of Labor v. Oak Grove Resources, LLC
Original flagrant-proof certification later amended
Oak Grove faced a proposed flagrant designation for coal-dust accumulations under 30 C.F.R. § 75.400. Judge Jerold Feldman required the Secretary to explain how the cited condition itself could substantially and proximately cause death or serious bodily injury, rather than relying on possible…
Secretary of Labor v. McCoy Elkhorn Coal Corp. and Jason Robinson
Accumulations and individual-liability rulings affirmed
Inspectors found extensive dry coal and float-coal-dust accumulations throughout all nine entries of a supersection at McCoy Elkhorn's No. 15 Mine, while the preshift report listed no hazards. The Commission affirmed that the accumulations violation was significant and substantial and resulted from…
Matter of C-C-I-, Respondent
Matter of C-C-I- (BIA ID 3810): CAT deferral termination requires a de novo hearing
The Board reviewed an appeal involving a respondent whose removal to Nigeria had previously been deferred under the Convention Against Torture. The Department of Homeland Security later presented a consular report and a newspaper article that had not been considered at the earlier hearing, and the…
Secretary of Labor v. Pay Car Mining, Incorporated
Ventilation-plan case settled for $14,000
MSHA proposed a $70,000 penalty for an alleged violation of 30 C.F.R. § 75.370(a)(1). During the hearing, the parties settled after testimony raised disputes about the violation's duration, the roof-bolter operators' ability to notice reduced air velocity, and the effect of a water box on…
Pennsylvania General Energy Company, LLC
In re Pennsylvania General Energy Company, LLC (EAB UIC Appeal Nos. 14-63 to 14-65): Brine-well permit review denied
EPA Region 3 issued Pennsylvania General Energy Company, LLC a Class II Underground Injection Control permit to convert an existing production well into a brine-disposal well in Pennsylvania. Three petitions challenged the permit's protection of the groundwater aquifer and the Region's responses to…
Secretary of Labor v. Jim Walter Resources, Inc.
No-negligence finding and $500 penalty affirmed
An employee of contractor O&O Services fell through an opening at Jim Walter Resources' coal load-out facility while not using fall protection. The judge held JWR strictly liable as the mine operator for the significant-and-substantial violation but found that JWR itself was not negligent and…
Secretary of Labor v. Jim Walter Resources, Inc.
No-negligence finding and $500 penalty affirmed
An employee of contractor O&O Services fell through an opening at Jim Walter Resources' coal load-out facility while not using fall protection. The judge held JWR strictly liable as the mine operator for the significant-and-substantial violation but found that JWR itself was not negligent and…
White Oak Resources, LLC v. Secretary of Labor
Expedited hearing denied and contests stayed
White Oak contested two section 104(d)(1) orders alleging failure to follow its roof-control plan and failure to conduct a required preshift examination. It sought an expedited hearing, arguing that MSHA's interpretation could expose the mine to repeated orders and heightened future penalties…
Secretary of Labor v. Original Sixteen to One Mine, Incorporated
Twenty citations affirmed or modified and $2,113 assessed
MSHA brought 22 citations against the Sixteen to One underground gold mine for conditions involving fire protection, escapeways, grinders, housekeeping, chemical labels, electrical equipment, evacuation drills, noise, vegetation near fuel storage, road berms, an open hole, and related safety…
Secretary of Labor v. Tilden Mining Company, LC
Extension cords included in grounding-system testing rule
MSHA cited Tilden Mining for failing to test and record the resistance of extension cords used in the mine's electrical grounding system. The Commission held that extension cords and power cables are components of a grounding system under 30 C.F.R. § 56.12028 because the system cannot protect…
Reuben Shemwell and Anthony Young v. Armstrong Coal Co., Inc.
Interference claim survives and nine cases consolidated
Reuben Shemwell alleged that Armstrong Coal targeted him after he returned to work following earlier Mine Act discrimination cases. His new complaint claimed that a supervisor encouraged coworkers to monitor him, dismissed the value of welding-safety concerns, and joined a safety director in…
Torre Mackle Group, LLC
Judge's decision vacated after employer withdrew contest
An administrative law judge had affirmed a falling-object citation against Torre Mackle Group after a 29-pound concrete core fell through a ceiling and struck a medical-center employee. The cited item required measures such as barricades to protect employees from falling objects, and the judge…
Secretary of Labor v. Wolf Run Mining Company
Missing telephone-line lightning arresters held S&S
After the 2006 Sago Mine explosion, MSHA cited Wolf Run because an exposed telephone line entering the underground mine lacked the lightning arresters required by 30 C.F.R. § 75.521. The judge found a violation but held it was not significant and substantial because lightning near a particular…
CAM Mining, LLC v. Secretary of Labor
Roof-control and preshift orders affirmed
During retreat mining at CAM Mining's No. 28 Mine, an inspector found that the outby coal stumps left for roof support across a mined row were smaller than the six-foot minimum in the approved roof-control plan. Judge Kenneth R. Andrews credited the inspector's direct observations, measurements…
Dukane Precast, Inc.
Confined-space and delayed-rescue violations affirmed
Dukane Precast manufactured concrete products using large aggregate bins that it had identified as permit-required confined spaces. An employee entered a sand bin, became engulfed up to his neck, and remained trapped while untrained co-workers entered the bin to attempt a rescue. The judge affirmed…
Secretary of Labor v. Bristol Coal Corp.
Twenty-one citations settled for $4,440
Bristol Coal agreed to pay the full proposed penalties for 19 citations and reduced amounts for two others. For an escapeway citation under 30 C.F.R. § 75.380(d)(7)(viii), the parties identified disputes over how long the condition existed, negligence, and the number of miners affected. For a…
Matter of L-G-H-, Respondent
Matter of L-G-H- (BIA ID 3809): Florida cocaine sale qualifies as illicit trafficking
The Board reviewed a Venezuelan respondent's appeal after convictions for selling and possessing controlled substances in Florida. It held that a felony conviction for selling cocaine under the Florida statute qualifies as illicit trafficking and therefore is an aggravated felony, even though the…
James Ikegwu and Martha Ikegwu
In re James Ikegwu and Martha Ikegwu (EAB TSCA Appeal No. 14-01): sua sponte review order vacated
The Environmental Appeals Board had elected sua sponte review because of concerns about service of a Regional Judicial Officer's Default Order against James and Martha Ikegwu under the Toxic Substances Control Act. EPA Region 3 reported that the Regional Hearing Clerk used UPS to attempt service at…
American Coal Company v. Secretary of Labor
Smoldering stockpile held a reportable mine fire
MSHA issued a section 103(k) order after inspectors observed smoking and smoldering areas, heat waves, white ash, and a sulfur odor on American Coal's surface stockpile, then cited the operator for not reporting the event within 15 minutes. On second remand, Judge Margaret A. Miller held that the…
Secretary of Labor v. Quality Materials and CDG Materials, Incorporated
Secretary of Labor v. Quality Materials and CDG Materials, Inc. (FMSHRC WEST 2009-557-M, et al.): Eight citations affirmed and $47,700 assessed
MSHA inspectors found two miners standing on an operating cone crusher without fall protection, while the person acting as site foreman also lacked a hard hat and safety glasses. They also found an accessible tail pulley unguarded and, two weeks after it was cited and guarded, found the same pulley…
Secretary of Labor v. Armstrong Coal Company, Inc.
Late-filed $25,000 settlement approval affirmed
Armstrong Coal and the Secretary agreed to settle a section 75.325(b) citation for $25,000 instead of the proposed $40,300. The Secretary repeatedly missed deadlines for filing the settlement motion and then submitted it without answering three questions in the judge's show-cause order. Armstrong…
Secretary of Labor v. Virginia Drilling Company, LLC
Inadequate post-blast examination affirmed with $23,229 penalty
Virginia Drilling's certified blaster inspected a blast from one vantage point, declared the area clear, and missed approximately 10 to 12 undetonated holes that remained while heavy equipment and miners resumed work. Judge L. Zane Gill held that the post-blast examination was inadequate under 30…
Pocahontas Coal Company, Inc. v. Secretary of Labor
Discovery into pattern-of-violations facts partly allowed
Pocahontas Coal contested nine citations and orders connected to MSHA's notice that its Affinity Mine had a pattern of significant and substantial violations. The operator sought to question two MSHA officials about the facts behind the mine-specific pattern determination, while the Secretary asked…
Knife River Construction v. Secretary of Labor
Brake citation reduced but imminent-danger order upheld
Knife River Construction operated an aggregate plant where an MSHA inspector saw a loaded scraper fail to stop on a steep grade and found two unattended vehicles parked on a slope without chocks or their wheels turned into a bank. Judge Richard W. Manning affirmed the imminent-danger withdrawal…
Secretary of Labor v. Hanson Aggregates New York, Inc.
Training record omission upheld with $50 penalty
Hanson Aggregates completed annual refresher training at its crushed-limestone plant but used MSHA Form 5000-23 without listing the instructors or the duration of training. Judge Alan G. Paez found the recordkeeping rule ambiguous because the form itself did not request that information, but held…
Pocahontas Coal Company, LLC v. Secretary of Labor
Direct challenge to pattern notice dismissed
Pocahontas Coal filed a second direct challenge to MSHA's written notice that the Affinity Mine had a pattern of violations, this time invoking the Mine Act's temporary-relief provision. Judge Margaret A. Miller held that the Commission lacked jurisdiction because a pattern notice is not itself a…
Secretary of Labor v. Scott Carpenter
Delayed individual penalty case allowed to proceed
MSHA sought to hold former section foreman Scott Carpenter personally liable for a ventilation-control violation under section 110(c) of the Mine Act. Carpenter asked to dismiss the case because MSHA took years to notify him of the proposed assessment, repeatedly sent notices to obsolete addresses…
Secretary of Labor v. S&S Dredging Company
Loader-step citation changed to section 104(a) with $350 penalty
S&S Dredging used a loader for about two years with a missing bottom step and a bent second step three feet above the ground. An earlier ALJ found the equipment defect was not significant and substantial and was not an unwarrantable failure, but the Commission restored the S&S designation and…
Cloverlick Coal Company, LLC v. Secretary of Labor
Imminent danger upheld but safe-access citation vacated
Cloverlick Coal's contractor excavated a foundation hole below a steep, wet bank containing loose rock and soil for a new coal-stacker support. Judge Thomas P. McCarthy upheld MSHA's imminent-danger order because construction was about to continue, miners had entered or would need to enter the…
Matter of M-L-M-A-, Respondent
Matter of M-L-M-A- (BIA ID 3808): VAWA cancellation claim remanded for eligibility and discretion
The Board reviewed a Mexican respondent's application for special rule cancellation of removal under the Violence Against Women Act after an Immigration Judge found her ineligible and denied relief as a matter of discretion. The Board held that false testimony and a fraudulent asylum application…
Andrew B. Chase, a/k/a Andy Chase, and related companies
In re Andrew B. Chase and related companies (EAB RCRA (9006) Appeal No. 13-04): UST penalty increased
Andrew B. Chase and three related companies operated six retail gasoline stations in upstate New York. EPA alleged violations of underground storage tank leak detection, prevention, and correction requirements, and the ALJ assessed a $127,069 civil penalty for 19 violations. The Board upheld the…
Kingston Mining, Inc. v. Secretary of Labor
Safeguard contest stayed until MSHA issues a citation
After a mobile coal-hauler accident, MSHA issued a mine-specific safeguard requiring cameras on Kingston Mining's battery-powered haulers and cable-powered shuttle cars. Kingston sought an expedited pre-enforcement hearing, while the Secretary moved to dismiss because MSHA had not yet issued a…
ESSROC Cement Corporation
In re ESSROC Cement Corporation (EAB RCRA Appeal No. 13-03): Mercury limit remanded for risk-assessment review
ESSROC Cement Corporation operated a Portland cement facility in Logansport, Indiana, that burned hazardous waste as fuel. EPA Region 5 imposed an annual mercury feed-rate limit after a second site-specific risk assessment under the RCRA omnibus authority and the hazardous-waste-combustor rules…
Secretary of Labor on behalf of Regald Robbins v. Alden Resources, LLC
Miner temporarily reinstated as section foreman
Regald Robbins alleged that Alden Resources suspended him, moved him to a less favorable shift, and fired him after he raised concerns about a faulty scrubber and unsafe roof conditions. The company said he was discharged for unexcused absences and disputed his account of the scheduling changes…
National Electric Coil Co., L.P.
Case remanded for settlement approval
National Electric Coil initially disputed whether an informal settlement agreement signed by its human-resources vice president was enforceable. The administrative law judge found that the representative had actual and apparent authority, rejected the company's attempted unilateral withdrawal, and…
Furmanite America, Inc.
Facility work-rule violation affirmed, training items vacated
Furmanite America installed an isolation plug in a pipeline at a process facility. An employee who was not trained or assigned to that service line attempted to remove the plug, which was forced from the pipe by built-up pressure and caused a serious head injury. The judge vacated the training item…
Secretary of Labor v. Pinnacle Mining Company, LLC
Low-air ventilation violation upheld as S&S
At Pinnacle's gassy underground coal mine, an MSHA inspector measured longwall-face air velocity at 435 feet per minute, below the 500 feet-per-minute minimum in the approved ventilation plan, while coal was actively being cut. Pinnacle admitted the violation and low negligence but disputed whether…
Secretary of Labor v. Twentymile Coal Company
Remand settlement removes S&S findings and sets $60,700 penalty
An earlier decision upheld a combustible-material order and a preshift-examination citation as significant and substantial, but the Commission vacated the S&S findings and remanded for further proceedings. On remand, Twentymile Coal and the Secretary agreed to change both gravity findings from…
Secretary of Labor v. Mize Granite Quarries, Inc.; Robert W. Mize III; and Clayborn Lewis
Individual penalties reaffirmed after remand
An earlier decision held quarry president Robert Mize III and foreman Clayborn Lewis personally liable under section 110(c) for three serious violations, setting total penalties of $1,500 for Mize and $900 for Lewis. After multiple Commission remands, Judge Priscilla M. Rae clarified that all three…
Matter of Martin CHAIREZ-Castrejon, Respondent
Matter of Martin CHAIREZ-Castrejon (BIA ID 3807): Utah firearm conviction produces mixed removability ruling
The Board reviewed a Mexican lawful permanent resident's appeal after an Immigration Judge ordered him removed based on a Utah conviction for felony discharge of a firearm. The Board held that the statute was not shown to be divisible regarding the mental state needed for a crime-of-violence…
Secretary of Labor v. John Richards Construction
Three citations settled for $150
John Richards Construction contested three $100 citations involving a removed equipment guard, an equipment travel area that the company disputed was a mine roadway, and a temporary electrical splice. The operator asserted that the guard was removed for repairs, a spotter guided the equipment…
Energy Answers, LLC
In re Energy Answers, LLC (EAB PSD Appeal No. 14-04): second reconsideration motion denied
Leonardo Ramos-Hernandez filed a second motion seeking reconsideration of the dismissal of his appeal concerning the Energy Answers renewable energy project in Puerto Rico. He also asked for recusal of the panel based on his assertion of incompetence. The Board stood by its earlier dismissal and…
Secretary of Labor v. Four Star Resources, LLC
Loss-of-control citation upheld with $52,500 penalty
A loaded Caterpillar 777 dump truck lost control on Four Star Resources' steep, wet haul road, crossed a low berm, traveled 84 feet down an embankment, and stopped against a tree. The driver was not injured, but the truck was extensively damaged. Four Star admitted violating the mobile-equipment…
North County Sand & Gravel, Inc. v. Secretary of Labor
$40,923 EAJA award paid and case dismissed
North County Sand & Gravel sought attorney fees and litigation expenses under the Equal Access to Justice Act after prevailing in the underlying WEST 2010-365-M proceeding. An earlier interim decision found the company eligible for an award and directed the parties to negotiate the amount. They…
Secretary of Labor v. R7 Enterprises, LLC
Defective hydroseeding truck citation settled for $18,000
MSHA cited R7 Enterprises after finding excessive slack in a hydroseeding truck's steering components and an inoperative rear brake while the truck was in use at a surface coal mine. The inspector characterized the equipment violation as S&S, reasonably likely to cause a fatality, and attributable…
Secretary of Labor on behalf of Jeromy Coots v. Lone Mountain Processing, Inc.
Miner temporarily reinstated after roof-support complaint
Jeromy Coots alleged that Lone Mountain directed him to replace dislodged roof bolts in a 12-foot-high rehabilitation area without using an automated temporary roof-support system because setting it up took too long. He continued raising the issue, was struck and injured by falling material, and…
Bedoukian Research, Inc.
In re Bedoukian Research, Inc. (EAB TSCA 14-02C): $17,000 penalty paid and final order issued
EPA alleged that Bedoukian Research, Inc. violated section 12(b) of the Toxic Substances Control Act and 40 C.F.R. § 707.60. The complaint sought a $17,000 civil penalty. Bedoukian paid the full penalty under EPA's quick-resolution rule, which waived its rights to contest the allegations and appeal…
Matter of G-G-S-, Respondent
Matter of G-G-S- (BIA ID 3806): mental health excluded from particularly serious crime analysis
The Board reviewed a Mexican lawful permanent resident's appeal after an Immigration Judge found that his assault with a deadly weapon conviction was a particularly serious crime and denied withholding of removal. The respondent had chronic paranoid schizophrenia, and the Board recognized that his…
Secretary of Labor on behalf of Cameron Garcia and Cheryl Garcia v. Veris Gold U.S.A., Inc.
Two miners reinstated but economic option denied
Cameron Garcia alleged that Veris Gold fired him shortly after he reported equipment safety problems internally and filed an MSHA hazard complaint. Cheryl Garcia alleged that ongoing harassment tied to her safety reports and participation in an MSHA investigation compelled her to resign. Judge…
Secretary of Labor v. Mize Granite Quarries, Inc.; Robert W. Mize III; and Clayborn Lewis
Individual penalty findings partly affirmed and remanded
An ALJ reduced individual section 110(c) penalties against quarry owner Robert Mize III and foreman Clayborn Lewis based partly on their financial circumstances. The Commission affirmed the findings that Mize had limited personal net worth and that record evidence reasonably supported treating…
Secretary of Labor v. River View Coal, LLC
Welder citation reduced to non-S&S with $125 penalty
MSHA cited River View Coal because about one inch of insulation was missing from both sides of a welder's electrode holder on a diesel mantrip. Judge Priscilla M. Rae held that the direct-current welder remained electrical equipment subject to the maintenance standard and that the damaged holder…
Secretary of Labor v. Leeco Incorporated
Roof-control violation affirmed with moderate negligence
Leeco operated the No. 68 underground coal mine where a continuous-miner operator was fatally pinned in a red-zone area while trying to free the machine. Leeco stipulated that it violated its approved roof control plan and that the violation was significant and substantial. The disputed issues were…
Secretary of Labor v. Moltz Construction, Inc.
Two citations reduced and a $200 total penalty assessed
Moltz Construction was an independent contractor working at the Climax Mine when MSHA cited an inoperative compactor backup alarm and a cluttered parts trailer. Judge Richard W. Manning affirmed the backup-alarm violation but reduced negligence to low because the alarm worked during the last…
City of Homedale Wastewater Treatment Plant
In re City of Homedale Wastewater Treatment Plant (EAB NPDES Appeal No. 13-10): Phosphorus limits upheld
The City of Homedale operated a wastewater treatment plant that discharged to Idaho's Snake River. The Idaho Conservation League challenged the permit's monthly and weekly total-phosphorus limits, arguing that the permit needed a daily maximum limit to match the Mid-Snake River total maximum daily…
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.