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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Secretary of Labor, MSHA on behalf of Clinton Ray Ward v. Argus Energy WV, LLC
Secretary of Labor on behalf of Clinton Ray Ward v. Argus Energy WV, LLC (FMSHRC WEVA 2012-1448-D): Temporary reinstatement tolled after mine closure
Clinton Ray Ward had remained temporarily reinstated while his discrimination case proceeded against Argus Energy. Argus closed Deep Mine No. 8 amid a regional coal-market collapse, laid off 56 of 62 employees, and retained only workers selected for the skills and certifications needed to close the…
Secretary of Labor, MSHA v. John Richards Construction
Secretary of Labor v. John Richards Construction (FMSHRC WEST 2011-129-M): Simplified proceeding set and depositions denied
MSHA alleged that John Richards Construction operated machinery without a securely installed guard and proposed a $100 penalty. Judge William B. Moran designated the single-citation case for the Commission's simplified-proceedings track and denied the operator's request to take depositions. He…
Secretary of Labor, MSHA v. REBCO Coal, Inc.
Secretary of Labor v. REBCO Coal, Inc. (FMSHRC SE 2012-341, SE 2012-386): Five mine-safety violations affirmed
MSHA cited REBCO Coal during rehabilitation of its Valley Mine No. 1 for a battery charger left in the primary escapeway, two loose-rib conditions, roof support that did not follow the approved plan, and extensive combustible accumulations around a feeder. Judge William S. Steele affirmed all five…
American Coal Company v. Secretary of Labor, MSHA
American Coal Company v. Secretary of Labor (FMSHRC LAKE 2010-408-R): Smoldering-stockpile order affirmed on remand
MSHA issued a section 103(k) control order after inspectors observed smoke, smoldering coal, heat, and white ash on American Coal's New Future stockpile. On an initial remand from the Commission, Judge Margaret A. Miller applied the Secretary's definition of a mine fire as including smoldering…
Secretary of Labor, MSHA v. Kentucky Fuel Corporation and Lloyd K. Branham
Secretary of Labor v. Kentucky Fuel Corporation and Lloyd K. Branham (FMSHRC KENT 2011-1557, et al.): Defective-dozer and ground-control violations affirmed
MSHA cited Kentucky Fuel after inspectors found numerous unresolved defects on an operating dozer and a full catch bench that allowed rocks and debris to travel toward occupied homes below the Beech Creek Surface Mine. Judge Margaret A. Miller affirmed two S&S dozer citations, including an…
Secretary of Labor, MSHA v. MJM Electric Construction
Secretary of Labor v. MJM Electric Construction (FMSHRC SE 2013-259-M): Quiet backup-alarm citation affirmed with lower negligence
An MSHA inspector cited MJM Electric Construction because a pickup truck's voluntarily installed backup alarm could not be heard above the surrounding engine and traffic noise. Judge George A. Koutras held that once an operator provides an alarm, the standard requires it to be audible above the…
Secretary of Labor, MSHA v. Leeco, Inc.
Secretary of Labor v. Leeco, Inc. (FMSHRC KENT 2010-1126): Ventilation violations reduced to section 104(a)
MSHA cited Leeco after inspectors found required ventilation curtains missing and measured airflow below the approved minimum on a working section. Judge L. Zane Gill held that the two citations were not duplicative because the ventilation-plan standard and minimum-airflow standard imposed separate…
Boart Longyear Company v. Secretary of Labor, MSHA
Boart Longyear Company v. Secretary of Labor (FMSHRC WEST 2012-422-M, et al.): Imminent-danger order vacated and four violations modified
MSHA cited Boart Longyear after a driller worked on a five-foot-high flatbed without fall protection, used a toolbox door for access, operated a truck with a defective backup alarm, and worked without required Part 46 training. Judge David F. Barbour vacated the imminent-danger withdrawal order…
Secretary of Labor, MSHA v. National Cement Company of Alabama, Inc.
Secretary of Labor v. National Cement Company of Alabama, Inc. (FMSHRC SE 2013-91-M): Unsafe board access held non-S&S
Miners periodically crossed a wet, unsecured one-foot-wide board over a shallow pit to clean a cement chute. Judge David F. Barbour held that National Cement failed to provide safe access because the board was slippery, lacked rails, required climbing over a handrail, and was used with fall…
K.E.R. Enterprises, Inc. d/b/a Armadillo Underground
EAJA fees awarded after pipe citation was vacated
Armadillo Underground defended citations arising from a PVC water-pipe explosion that injured four workers. The underlying general duty clause item was vacated because OSHA did not prove that tightening the joint bolts while the line remained pressurized was a recognized hazard, and a separate…
Town of Newmarket Wastewater Treatment Plant
In re Town of Newmarket Wastewater Treatment Plant (EAB NPDES Appeal No. 12-05): motion for reconsideration denied
The Town of Newmarket operated a wastewater treatment plant under an NPDES permit issued by EPA Region 1. The Great Bay Municipal Coalition moved for reconsideration after the Board denied review of the permit's nitrogen effluent limit. The Coalition argued that the Board used the wrong review…
Secretary of Labor, MSHA v. BHP Navajo Coal Company
Secretary of Labor v. BHP Navajo Coal Company (FMSHRC CENT 2012-199): Fuel, electrical, and dust citations split
MSHA brought nine citations concerning dust visibility, gasoline storage and piping, electrical conditions, workplace examinations, and other surface-mine hazards at BHP Navajo's large New Mexico coal mine. Judge Richard W. Manning vacated the dust-visibility citation because the Secretary did not…
Secretary of Labor, MSHA v. Liggett Mining, LLC
Secretary of Labor v. Liggett Mining, LLC (FMSHRC KENT 2012-1214): Roof-control citation affirmed after major fall
Liggett Mining experienced a roof fall approximately 25 feet by 25 feet and eight feet thick at an intersection in its underground Liggett No. 3 mine. Judge William B. Moran found that extensive draw rock and deep roof cracks had warned the operator of an adverse condition before the fall. Although…
Secretary of Labor, MSHA on behalf of Clinton Ray Ward v. Argus Energy WV, LLC
Secretary of Labor on behalf of Clinton Ray Ward v. Argus Energy WV, LLC (FMSHRC WEVA 2013-597-D): Discrimination complaint denied
The Secretary alleged that Argus Energy fired chief electrician Clinton Ray Ward because he raised staffing and water-related safety concerns at Deep Mine No. 8. Judge William S. Steele found that the evidence did not credibly establish Ward's claimed safety reports or show that management knew of…
Secretary of Labor, MSHA v. Wolf Run Mining Company
Secretary of Labor v. Wolf Run Mining Company (FMSHRC WEVA 2007-600, WEVA 2008-247): High negligence and unwarrantable failure restored for delayed Sago notifications
An explosion at Wolf Run's Sago Mine killed 12 miners and left one survivor after management delayed contacting MSHA and mine rescue. A Commission majority held that the duty to report began at 6:36 a.m., when an underground foreman told surface management that an explosion had occurred and…
The Doe Run Company v. Secretary of Labor, MSHA
The Doe Run Company v. Secretary of Labor (FMSHRC CENT 2013-334-RM, CENT 2013-369-RM): Hoist-chair citations vacated
MSHA cited Doe Run for not providing chairs or other blocking devices beneath hoist conveyances at its Buick and Sweetwater lead-zinc mines. Judge David P. Simonton held that the standard requires blocking only when wire-rope stretching or contraction could create a hazard. He found that the cited…
Imperial Aluminum
Furnace-explosion citation vacated
Imperial Aluminum was installing a new rotary furnace when an outside contractor troubleshooting its gas-flow controls allowed natural gas to accumulate and then opened the furnace door while the pilot remained lit. The resulting explosion damaged ductwork and released a fireball, but no employees…
Harrell's LLC
In re Harrell's LLC (EAB FIFRA Appeal No. 13-05C): consent agreement ratified in final order
Harrell's LLC was the respondent in an EPA proceeding under docket number FIFRA-HQ-2014-0002. The Environmental Appeals Board ratified the attached Consent Agreement under 40 C.F.R. § 22.18(b)-(c). The Board ordered Harrell's LLC to comply with all terms of the Consent Agreement, effective…
E. I. Du Pont de Nemours and Company
In re E. I. Du Pont de Nemours and Company (EAB MM Appeal No. 13-04C): settlement amendment ratified
E. I. Du Pont de Nemours and Company was the respondent in a multimedia EPA proceeding involving its Washington Works Facility in Washington, West Virginia. The Environmental Appeals Board granted the joint motion to amend Appendix A of the Consent Agreement under 40 C.F.R. §§ 22.4(a) and 22.16…
Boart Longyear Company v. Secretary of Labor, MSHA
Boart Longyear Company v. Secretary of Labor (FMSHRC WEST 2012-422-M, et al.): Original fall-protection and training decision
MSHA cited Boart Longyear after a driller worked on a five-foot-high flatbed without fall protection, used a toolbox door for access, operated a truck with a defective backup alarm, and worked without required Part 46 training. Judge David F. Barbour vacated the imminent-danger order but upheld and…
Secretary of Labor, MSHA v. Austin Powder Company
Secretary of Labor v. Austin Powder Company (FMSHRC SE 2011-583-M): Blast-area citation affirmed after flyrock reached home
Flyrock from an Austin Powder stripping blast left the quarry, penetrated the roof of a nearby occupied home, and landed in a bedroom shortly after a resident left the room. Judge David F. Barbour held that the home was within the blast area and that Austin Powder failed to clear the resident to a…
Jesse Remodeling, LLC
Willful scaffold item and three serious items affirmed
Jesse Remodeling employees worked on a 13-foot-high scaffold while filling concrete block cells at a restaurant construction site. The scaffold lacked guardrails, two employees worked from its frame and cross braces, and employees used cross braces and uprights to descend. A concrete Grout Hog…
Basic Grain Products, Inc.
Lockout violations affirmed with one item reduced to serious
Basic Grain Products made snack foods using conveyors, augers, drums, ovens, and packaging equipment at its Ohio facility. Production employees cleaned moving or improperly locked-out machinery without receiving the lockout/tagout training or tools required for employees who perform servicing work…
Secretary of Labor, MSHA v. Spartan Mining Company, Inc.
Secretary of Labor v. Spartan Mining Company, Inc. (FMSHRC WEVA 2009-403): Escapeway S&S findings affirmed
Spartan Mining admitted two escapeway violations: primary and secondary escapeways were not separated during equipment removal, and another primary escapeway contained deep water and tripping hazards. The parties stipulated that an evacuation emergency was not likely at the time, but that the…
Secretary of Labor, MSHA v. Lafarge North America
Secretary of Labor v. Lafarge North America (FMSHRC CENT 2010-4-M): Ball-joint citations remanded for factual findings
MSHA issued four citations alleging excessive movement in steering-linkage ball joints on Lafarge trucks. The ALJ vacated all four because the Secretary had not supplied a consistent objective measurement defining a hazardous defect. The Commission held that the correct notice inquiry was whether a…
Secretary of Labor, MSHA v. Solar Sources, Inc.
Secretary of Labor v. Solar Sources, Inc. (FMSHRC LAKE 2011-942, et al.): Surface-equipment citations mostly affirmed
MSHA cited multiple equipment, brake, fire-protection, access, and examination conditions at Solar Sources' Craney and Lewis surface coal mines. Judge Richard W. Manning rejected Solar's argument that inspectors had to pause and allow pre-operational examinations before inspecting equipment…
Secretary of Labor, MSHA v. A&R Trucking
Secretary of Labor v. A&R Trucking (FMSHRC KENT 2010-1144, KENT 2010-1145): Defective coal-truck violations affirmed
MSHA cited an A&R Trucking coal truck for extensive unresolved defects, including oil, air, and exhaust leaks, a worn steering tire, and conditions affecting steering, braking, and driver visibility. Judge John Kent Lewis held that the truck was neither maintained safely nor removed from service…
Dominion Coal Corporation v. Secretary of Labor, MSHA
Dominion Coal Corporation v. Secretary of Labor (FMSHRC VA 2012-163, et al.): Gas-well and preshift orders affirmed
A continuous miner at Dominion Coal's No. 36 Mine intersected a gas well that was not properly located, mapped, or protected by a barrier. MSHA issued three orders under separate standards governing gas-well protection and mine maps, plus a fourth order for an inadequate preshift examination…
Signature Mining Services, LLC v. Secretary of Labor, MSHA
Signature Mining Services, LLC v. Secretary of Labor (FMSHRC EAJ 2012-02): Interim EAJA entitlement ruling amended
Signature Mining Services sought fees under the Equal Access to Justice Act after settling contests involving mine-wide imminent-danger and withdrawal orders. Judge Thomas P. McCarthy held that Signature was a prevailing party as to one imminent-danger order because the Secretary's agreement to…
Berry Petroleum Company, Samson Resources Company, and Colorado Interstate Gas Company, LLC
In re Berry Petroleum Company, Samson Resources Company, and Colorado Interstate Gas Company, LLC (EAB CAA Appeal Nos. 13-03, 13-04, and 13-05): appeals dismissed for lack of jurisdiction
Berry Petroleum Company, Samson Resources Company, and Colorado Interstate Gas Company each reached settlements with EPA Region 8 in Clean Air Act enforcement matters. A Regional Judicial Officer approved parts of the consent agreements and issued final orders, while directing the parties to file…
Samson Resources Company
In re Samson Resources Company (EAB CAA Appeal No. 13-04): consolidated CAA matters dismissed for lack of jurisdiction
The EPA Region 8 Regional Judicial Officer issued consent agreements and final orders for Berry Petroleum Company, Samson Resources Company, and Colorado Interstate Gas Company, LLC. The Environmental Appeals Board explained that the underlying matters arose from regional consent orders, not…
Berry Petroleum Company, Samson Resources Company, and Colorado Interstate Gas Company
In re Berry Petroleum Company, Samson Resources Company, and Colorado Interstate Gas Company (EAB CAA Appeal Nos. 13-03, 13-04, and 13-05): Appeals dismissed for lack of jurisdiction
Berry Petroleum Company, Samson Resources Company, and Colorado Interstate Gas Company each settled a Clean Air Act enforcement matter with EPA Region 8. A regional judicial officer approved portions of the consent agreements and issued final orders, after which the Region sought more time to…
T-Mobile US, Inc.
In re T-Mobile US, Inc. (EAB MM Appeal No. 13-02C): consent agreement ratified
T-Mobile US, Inc. was the respondent in a multimedia EPA proceeding involving EPCRA, CWA, CAA, and RCRA dockets. The Environmental Appeals Board ratified the attached Consent Agreement under 40 C.F.R. § 22.18(b)-(c). The Board ordered T-Mobile US, Inc. to comply with all terms of the Consent…
Hibbing Taconite Company v. Secretary of Labor, MSHA
Hibbing Taconite Company v. Secretary of Labor (FMSHRC LAKE 2013-406-M, LAKE 2013-236-RM): Conveyor-maintenance citation reduced
A Hibbing Taconite welder installed mesh guarding on a handrail beside an operating conveyor without locking out the conveyor. Judge Margaret A. Miller held that installing the guard was maintenance of the conveyor system because the guard was needed to bring the moving equipment into safe…
Michael Buckly
Roofing citations affirmed by default
OSHA cited Michael Buckly after observing one employee removing shingles from a three-story roof without fall protection and another cleaning debris below without a protective helmet. After filing a notice of contest, Buckly did not file an answer, return the Secretary's calls, participate in the…
Town of Newmarket, New Hampshire
In re Town of Newmarket, New Hampshire (EAB NPDES Appeal No. 12-05): Nitrogen effluent limit upheld
EPA Region 1 issued the Town of Newmarket, New Hampshire, an NPDES permit for its wastewater treatment plant's discharges to the Lamprey River. The permit set a 3.0 milligrams-per-liter total-nitrogen effluent limit to protect water quality in the Lamprey River and Great Bay. The Great Bay…
Secretary of Labor, MSHA v. Austin Powder Company, Inc.
Secretary of Labor v. Austin Powder Company, Inc. (FMSHRC KENT 2010-1529-M): Hazardous-highwall citation affirmed
An Austin Powder employee entered beneath a highwall with extensive loose material to mark drilling locations for a future blast. Judge Priscilla M. Rae found that the full safety bench, loose rock, and sloped debris could send falling material into the work area. A danger sign about 500 feet away…
Secretary of Labor, MSHA v. Chemical Lime Company of Alabama, LLC
Secretary of Labor v. Chemical Lime Company of Alabama, LLC (FMSHRC SE 2010-1107-M): Partial summary decision denied
MSHA alleged that Chemical Lime failed to provide or ensure proper use of protective equipment for miners exposed to lime dust around a baghouse. The company sought partial summary decision on the respirator-related portion of the citation. Judge Priscilla M. Rae found genuine disputes over whether…
Secretary of Labor v. Lone Mountain Processing, Inc.
Repeatedly misplaced assessments did not justify reopening
After a D.C. Circuit remand, the Commission reconsidered Lone Mountain's requests to reopen three final penalty assessments totaling roughly $496,000. The operator had contested 11 underlying citations, but three times claimed that later penalty assessments were misplaced while moving between…
Tire Centers, LLC
Tire-rim trajectory citation vacated for lack of employer knowledge
A Tire Centers technician died when a large off-road tire and multi-piece rim exploded while he was working alone at the company's Alabama service center. The evidence showed that he was inside the rim-component trajectory zone, contrary to a clear company rule. The judge found that Tire Centers…
Delta Elevator Service Corp., d/b/a Delta Beckwith Elevator Co.
Electrical PPE citation vacated because construction standards applied
Delta Elevator Service was hired by a demolition project's general contractor to operate a building elevator so workers and materials could move between floors. OSHA cited Delta under a general-industry electrical PPE standard after mechanics performed diagnostic and operating work on the elevator…
Brody Mining, LLC v. Secretary of Labor, MSHA
Brody Mining, LLC v. Secretary of Labor (FMSHRC WEVA 2014-83-R, et al.): Temporary relief from pattern orders denied
Brody Mining sought temporary relief from a pattern-of-violations notice and four resulting withdrawal orders. Judge William S. Steele found that Brody raised substantial legal questions about the pattern rule, use of nonfinal violations, screening criteria, and changed mine management. The company…
Secretary of Labor v. SCH Terminal Company, Inc.
MSHA jurisdiction extended to barge-loading work
SCH Terminal blended coal to customer specifications at a land facility and loaded the finished blends onto barges at its Tennessee River dock. Its deckhands staged, moved, pumped, measured, and secured the barges so coal could be loaded, but SCH argued that the Mine Act did not reach that…
Secretary of Labor, MSHA v. Revelation Energy, LLC
Secretary of Labor v. Revelation Energy, LLC (FMSHRC KENT 2011-71-R): Off-site flyrock event held a mine accident
A blast at Revelation Energy's surface mine sent a two-ton rock through a residential yard and into a creek near a road, without injuring anyone. The Commission held that the Mine Act's definition of accident is not limited to the specifically listed events because Congress used the word…
Secretary of Labor v. Andalex Resources, Inc.
Five violations assessed at $167,000
MSHA cited three extensive coal-accumulation conditions along operating underground conveyor belts, unsupported roof-control props displaced by a coal burst, and damaged rollers turning in loose dry coal. Judge Richard W. Manning affirmed all five violations as S&S. He also upheld the…
David A. Stache v. Alvin J. Coleman & Son, Inc.
Discrimination complaint dismissed over intimidating misconduct
Haul-truck driver David Stache raised safety concerns and invoked section 105(c) minutes before his supervisor fired him. Judge David F. Barbour found that Stache established a prima facie discrimination case because management knew of his protected complaints, some were close in time to the…
Secretary of Labor v. Adam Whitt and Edward Paynter
Agent cases survive delay challenge
MSHA sought individual penalties against Inman Energy employees Adam Whitt and Edward Paynter under section 110(c), nearly three years after the underlying citations but only 13 days after completing its agent-liability investigation. The respondents argued that the delay violated section 105(a)'s…
Stericycle Inc.
In re Stericycle Inc. (EAB CAA Appeal No. 13-01): Title V permit appeal dismissed for lack of jurisdiction
Concerned Salt Lake City Area Residents Against the Stericycle Incinerator and Greenaction for Health and Environmental Justice appealed a Utah Title V operating permit for Stericycle Inc. They asked the EAB to consider a 2009 petition requesting that EPA object to the permit. The Board held that…
Secretary of Labor v. Oak Grove Resources, LLC
Pushing-car safeguard violation upheld on remand
Oak Grove pushed a haulage carrier holding a 24-ton shearer body on its main haulage road despite a mine-specific safeguard prohibiting pushed cars. The carrier derailed, locomotives rolled, and a miner was fatally pinned while inspecting the derailment. On remand from an earlier Commission ruling…
Secretary of Labor v. Ludwig Explosives, Inc. and Tuscola Stone Company
Unscaled highwall violations upheld
Two blasters worked near the base of a 40-foot highwall made of loose, unconsolidated material after heavy rain and observed rock falls. Judge John Kent Lewis held both Tuscola Stone and blasting contractor Ludwig Explosives responsible under 30 C.F.R. § 56.3200: Tuscola failed to test and scale…
Chevron Michigan, LLC of Traverse City, Michigan
In re Chevron Michigan, LLC of Traverse City, Michigan (EAB UIC Appeal No. 13-03): Permit review denied after remand issues were barred or unpreserved
Chevron Michigan, LLC held an EPA Region 5 permit to drill and operate a Class II Underground Injection Control well in Antrim County, Michigan, for noncommercial brine disposal. Norma Petrie challenged the reissued permit after the Environmental Appeals Board had remanded the earlier permit…
State of Hawaii, Department of Transportation, Highways Division
In re State of Hawaii, Department of Transportation, Highways Division (EAB NPDES Appeal No. 13-11): State permit appeal dismissed for lack of jurisdiction
The State of Hawaii Department of Transportation petitioned the Environmental Appeals Board to review aspects of an NPDES permit issued by the Hawaii Department of Health for a department-operated municipal separate storm sewer system. The Board explained that its permit-review authority under 40…
Secretary of Labor v. ICG Knott County LLC
Roof-fall citation vacated for lack of prior warning signs
A rock fell between installed roof bolts at ICG Knott County's Kathleen Mine and struck a roof-bolter operator, leading to a lower-leg amputation. MSHA alleged that the operator failed to support or control the roof under 30 C.F.R. § 75.202(a), relying partly on adverse roof conditions cited in…
Secretary of Labor v. Harry C. Crooker & Sons, Inc.
Default reopened after answer reached MSHA
Harry C. Crooker & Sons failed to appear in the Commission's record as having answered a show-cause order, so the order became a final default. Crooker asserted that it had timely sent the answer to both the Commission and the Department of Labor, and MSHA confirmed receiving it on the deadline…
Secretary of Labor v. Glen Alum Operations, LLC
Timely filings prevented default
Glen Alum Operations asked to reopen a penalty proceeding after an apparent failure to answer led to a show-cause order. The operator produced an answer that the Commission had date-stamped shortly after the Secretary filed the penalty petition and an email sent three days after the show-cause…
Secretary of Labor v. NorthAmerican Industrial Services, Inc.
Timely response prevented default
NorthAmerican Industrial Services asked to reopen a penalty proceeding that appeared to have defaulted after it allegedly failed to answer the Secretary's petition. The operator produced its timely answer to MSHA and showed that it had responded by email two days after the Chief Judge issued a…
Secretary of Labor v. Paul D. Bentley, employed by Bledsoe Coal Corporation
Secretary of Labor v. Paul D. Bentley (FMSHRC KENT 2013-307): Individual charges dismissed after fatal rib fall
A miner was fatally crushed by a large rib rock at Bledsoe Coal's mine, and MSHA charged first-shift foreman Paul Bentley individually for knowingly authorizing roof-control and examination violations. After hearing the Secretary's case, Judge William B. Moran found that government witnesses did…
Secretary of Labor v. Pierce Sand
Timely answer prevented default
Pierce Sand sought to reopen a penalty case after a show-cause order was treated as a default. The operator showed that the Commission had timely received its answer, but the filing was mistakenly applied only to a companion docket. The Secretary agreed and did not oppose reopening. The Commission…
Titanium Metals Corporation
In re Titanium Metals Corporation (EAB TSCA Appeal No. 13-02C): Civil enforcement matter resolved after penalty payment
EPA alleged that Titanium Metals Corporation violated section 8(a) of the Toxic Substances Control Act in a complaint filed by EPA's Office of Civil Enforcement. The complaint proposed a $23,018 civil penalty. Titanium Metals paid the full proposed amount under the quick-resolution procedure in 40…
Alyeska Pipeline Service Company
In re Alyeska Pipeline Service Company (EAB NPDES Appeal No. 12-04): Appeal dismissed after permit modification
Alyeska Pipeline Service Company appealed monitoring provisions in the NPDES permit for its Valdez Marine Terminal. Alyeska and EPA Region 10 reached a settlement in principle under which the Region agreed to modify the permit's whole effluent toxicity monitoring provisions after public notice and…
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.