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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Safe Environmental Corporation of Indiana (Cleveland Trencher Site)
In re Safe Environmental Corporation of Indiana (EAB CERCLA 106(b) Petition No. 12-02): reimbursement petition dismissed
Safe Environment Corporation of Indiana sought reimbursement of costs, fees, and other expenses in a CERCLA section 106(b) matter. The company moved for dismissal with prejudice with the concurrence of counsel for EPA Region 5. It stated that EPA had paid the claim and that all claims had been…
Secretary of Labor v. Kemper Equipment, Inc.
Mistaken dual-filing default reopened
Kemper timely contested a citation and order, but its vice president did not forward the later proposed penalty assessment to counsel because she mistakenly believed the earlier contests also covered the penalties. The Mine Act requires separate filings: contesting a citation does not contest its…
Secretary of Labor on behalf of Randy White v. GS Materials, Inc.
Temporary economic reinstatement approved
The Secretary alleged that GS Materials fired sand plant superintendent Randy White after he complained that an annual refresher-training class was inadequate. The parties settled the temporary-reinstatement application without resolving the merits. Judge Jacqueline R. Bulluck approved economic…
Secretary of Labor v. Barber & Sons Aggregate
Omitted assessment reopened after global settlement
Barber's office manager believed she had sent a proposed penalty assessment to counsel, but counsel never received it. Meanwhile, Barber and MSHA negotiated a global settlement intended to cover all outstanding violations, yet the missed assessment was omitted. After Treasury collection contact…
Mountain Village Parks, Inc.
In re Mountain Village Parks, Inc. (EAB SDWA Appeal No. 12-02): Default order remanded for liability and penalty clarification
EPA Region 8 alleged that Mountain Village Parks, a public water system in Wyoming, violated Safe Drinking Water Act requirements and an administrative order. The presiding officer entered a default order finding liability and assessing a $5,000 penalty after the company failed to answer. On its…
Clintwood Elkhorn Mining Company, Inc. v. Secretary of Labor
Loss-of-control citation reinstated
A loaded haul truck lost its brakes on a steep mine road, crashed through a berm and utility pole, and rolled onto its side near a 30-foot drop. The ALJ vacated the loss-of-control citation because the condition no longer existed when cited and because MSHA did not prove the truck was overloaded…
Secretary of Labor v. Coal River Mining, LLC
Premature challenge to lifted stay denied
Coal River sought Commission review after the Chief Judge reassigned three cases and the presiding judge lifted an earlier stay, set prehearing requirements, and scheduled a hearing. The Commission held that none of those rulings was a final decision. Coal River also had not asked the judge to…
Secretary of Labor v. Dickenson-Russell Coal Company, LLC
Settlement rejected and S&S-review question certified
The Secretary and Dickenson-Russell proposed reducing a $971 citation penalty to $500 and removing its S&S designation. Judge Thomas P. McCarthy rejected the amended settlement because the parties did not request corresponding gravity and affected-miner modifications and because the Secretary…
John A. Biewer Co. of Toledo, Inc. and John A. Biewer Co. of Ohio, Inc.
In re John A. Biewer Co. of Toledo, Inc. and John A. Biewer Co. of Ohio, Inc. (EAB RCRA Appeal Nos. 10-01 and 10-02): Zero penalties affirmed
EPA Region 5 alleged that two John A. Biewer subsidiaries violated RCRA closure requirements for drip pads at wood-treatment facilities in Ohio. The subsidiaries conceded the underlying violations, while the parent company disputed direct and derivative liability. After the Region refused to…
Wellmark International
In re Wellmark International (EAB FIFRA 13-02C): consent agreement ratified
Wellmark International was the respondent in a Federal Insecticide, Fungicide, and Rodenticide Act matter before the Environmental Appeals Board. The Board incorporated the attached Consent Agreement into its Final Order by reference and ratified it. The Board ordered Wellmark to comply with all…
Roberts Sand Company, LLLP
Clay-pit highwall violation affirmed
Roberts Sand Company operated an intermittent clay pit with a nearly vertical highwall more than 20 feet high. An equipment operator was working near the wall when it collapsed onto the excavator cab, causing his death. The judge found a recognized collapse hazard and concluded that feasible…
Secretary of Labor v. Taran Brothers, Inc.
Incomplete contest form default reopened
Taran Brothers said it timely returned a proposed penalty form, but MSHA received a signed copy that was otherwise unmarked and did not process it as a contest. The assessment became final, and Taran learned of the delinquency months later from the Department of Treasury. By then, Treasury had also…
Secretary of Labor v. Ten-Mile Coal Company, Inc.
Repeated paperwork failure excused with warning
Ten-Mile's superintendent mixed a proposed penalty assessment with other paperwork during a period of heavy employee turnover, causing the company to miss its contest deadline. The office manager discovered the assessment about five weeks after it became final and promptly contested it, and the…
Secretary of Labor v. Black Mountain Industrial Minerals, LLC
Paper-clipped assessment reopened
Black Mountain missed its penalty-contest deadline because the proposed assessment had been paper-clipped to the back of a magazine. The company found the assessment after receiving MSHA's delinquency notice and revised its procedures for handling agency correspondence. The Secretary did not oppose…
Secretary of Labor v. Applied Conveyor Technology, Inc.
Final assessment reopened without opposition
Applied Conveyor asked the Commission to reopen a penalty assessment that had become a final order after the company did not timely contest it. The official release does not state why the deadline was missed. The Secretary did not oppose reopening. After reviewing the request and response, the…
Secretary of Labor v. Queenstake Resources, USA, Inc.
Paper-clipped assessment reopened
Queenstake's new compliance manager missed a proposed assessment because an administrative assistant had paper-clipped it behind another assessment. He discovered the mistake about a week after the 65 penalties became final and promptly notified counsel. After Queenstake clarified that it intended…
Woodrow Wilson Cosby v. Shaw Maintenance Group
Discharge claim settled for payment and employment protections
Woodrow Wilson Cosby alleged that Shaw Maintenance Group unlawfully discharged him from the Nestle-Purina site under the Mine Act's discrimination provisions. The parties settled before the hearing record opened. Shaw agreed to pay Cosby $5,000, remove material about the dispute from his personnel…
Secretary of Labor v. Matt Rudnianyn and Jeff D. Farley, employed by Commercial Industrial Corp.
Secretary of Labor v. Matt Rudnianyn and Jeff D. Farley (FMSHRC SE 2012-531-M, SE 2012-532-M): Two individual assessments reopened
MSHA assessed Matt Rudnianyn and Jeff Farley personally under section 110(c), but neither assessment was timely contested. Rudnianyn said Commercial Industrial and its agents did not know about the assessments until delinquency notices arrived and suggested that any received papers may have been…
Secretary of Labor v. Rocky Point Rock Quarry, Inc.
Unopened mail default reopened
Rocky Point missed its penalty-contest deadline because administrative staff left mail addressed to the company president unopened on his desk while he was away. The company changed its procedures to allow administrative staff to open MSHA correspondence and avoid future missed deadlines. The…
Secretary of Labor v. Travis Alexander, employed by Tycon Excavating Contractor, Inc.
Secretary of Labor v. Travis Alexander (FMSHRC SE 2012-439-M): Wrong-address individual assessment reopened
MSHA assessed Travis Alexander personally under section 110(c) of the Mine Act, but he did not timely contest the proposed penalty and it became a final Commission order. Alexander said he never received the assessment or delinquency notice because MSHA mailed both to the wrong address. The…
Secretary of Labor v. White Rock Quarry, LLC
Misrouted assessment reopened despite opposition
A White Rock employee signed for the proposed assessment, but the document never reached the company's specially marked MSHA-penalty folder, and the owner said he also did not receive the delinquency notice. White Rock discovered the default through MSHA's online data system and moved to reopen…
Secretary of Labor on behalf of Russell Ratliff v. Cobra Natural Resources, LLC
Proposed reinstatement cutoff rejected
A judge had ordered Cobra Natural Resources to temporarily reinstate Russell Ratliff while his Mine Act discrimination claim proceeded. The Secretary and Cobra later proposed economic reinstatement instead of returning Ratliff to work. Their agreement would have ended Cobra's payment obligation if…
Secretary of Labor v. Consolidation Coal Company
Misrouted assessment reopened
Consolidation Coal missed the deadline to contest an MSHA penalty assessment after it was placed in a safety supervisor's mailbox with copies of assessments that had already been contested. The supervisor discovered the mistake three days after the assessment became final. The company adopted a new…
Secretary of Labor v. Hoover Excavating, Inc.
Unclaimed assessment reopened
Hoover Excavating did not timely contest an MSHA proposed penalty and later asked the Commission to reopen the final assessment. Hoover said it never received the assessment and learned of the delinquency when its lawyer searched MSHA's data system. The Secretary did not oppose reopening and…
Secretary of Labor v. Bolinder Resources, LLC
Final assessment reopened
Bolinder Resources asked the Commission to reopen an MSHA penalty assessment that had become final after it was not timely contested. The release does not state why Bolinder missed the contest deadline. The Secretary did not oppose the request. After reviewing the parties' submissions, the…
Secretary of Labor v. Redhawk Mining, LLC
Contest-form mistake excused
Redhawk Mining sought to reopen an MSHA penalty assessment that had become a final Commission order. Redhawk said it submitted a timely notice of contest but accidentally marked the wrong box and discovered the mistake after receiving MSHA's penalty petition. The Secretary did not oppose reopening…
Secretary of Labor v. Sturgeon Mining Co., Inc.
Final penalty assessment reopened
Sturgeon Mining did not contest an MSHA proposed penalty within 30 days, so the assessment became a final Commission order. The company asked the Commission to reopen the assessment, and the Secretary did not oppose the request. After reviewing the submissions, the Commission reopened the matter in…
Secretary of Labor v. The N.C. Granite Corp.
Litigated citation's assessment reopened
N.C. Granite timely contested an MSHA citation and was actively litigating it when the related penalty assessment arrived. Its safety manager mistakenly believed a separate assessment contest was unnecessary, so the assessment became final. The company's first reopening motion was dismissed after…
Secretary of Labor v. The American Coal Company
Blanket 30 percent settlement rejected
The Secretary proposed reducing the penalties for all 32 citations against The American Coal Company by exactly 30 percent without changing any gravity or negligence findings. The motion cited amicable resolution and litigation uncertainty but gave no individualized facts supporting the reductions…
Permabond Construction, Inc.
Default order remanded for review of letters
An administrative law judge entered default against Permabond after it missed a conference call, filed a late notice of contest, and appeared not to respond to an order to show cause. Before the decision was docketed, however, Permabond's pro se representative faxed the judge a letter explaining…
Bryan Martin, d/b/a Terra Reclamation
Demolition fall and survey items affirmed
Terra Reclamation was demolishing a three-story building in New Holland, Pennsylvania. Two workers used an aerial lift about 28 feet high without lanyards or harnesses, and other workers performed demolition near an unprotected upper-floor edge without fall protection. The company also began…
Federal Construction Group
Disqualification motion denied
The Commission remanded the case for the judge to consider Federal Construction Group's motion seeking his disqualification. The company alleged improper ex parte contact because the judge ate lunch with an OSHA compliance officer and the court reporter during the hearing. The judge found that the…
Secretary of Labor v. Eastern Associated Coal LLC
MSHA interview notes ordered disclosed
MSHA cited Eastern Associated Coal after two apprentice miners allegedly worked near an unguarded moving belt tail pulley, and a related section 110(c) investigation followed. Eastern sought inspector and special-investigator interview notes that the Secretary withheld as attorney work product…
Secretary of Labor v. Consolidation Coal Company
MSHA jurisdiction ended at empty river barges
A preparation-plant foreman drowned after apparently falling from an empty barge on the Ohio River while checking barges for water at Consolidation Coal's Ireland River Loading Facility. The company accepted MSHA jurisdiction over the land-based facility but disputed coverage of the loading dock…
Secretary of Labor v. Highland Mining Company, LLC
Two high-negligence findings upheld, one S&S designation removed
Highland Mining conceded three violations at its Highland #9 Mine but disputed their gravity, negligence, or penalties. Judge William B. Moran found an admitted roof-and-rib-control violation S&S and highly negligent because four obvious loose ribs were located along a heavily traveled supply road…
JP Gallagher Electric
Late electrical-citation contest dismissed
OSHA issued JP Gallagher Electric a serious citation with a proposed $2,400 penalty for electrical work on a circuit that was allegedly not locked out or otherwise made inoperative. The company received the citation on October 7, 2011, but did not file its notice of contest by the October 31…
Redline Pipeline, LLC
Trench items affirmed, water and asbestos items vacated
Redline Pipeline was the general contractor for replacement of water lines that likely contained asbestos. Two subcontractor employees entered a roughly 9-to-10-foot-deep trench after its protective box had been removed, although the previously disturbed Type B soil was not properly sloped. The…
Secretary of Labor v. Manalapan Mining Company, Inc.
Belt-accumulation findings remanded under full unwarrantable-failure test
MSHA issued section 104(d) orders for combustible coal accumulations along two conveyor belts at Manalapan Mining's underground mine. The judge found the violations but removed their unwarrantable-failure designations, relying heavily on the wet and muddy conditions and the resulting level of…
Secretary of Labor v. Riverton Investment Corporation
Seven-month delinquency delay defeated reopening
Riverton Investment sought to reopen a $224,136 MSHA assessment after an Essroc safety manager requested an informal conference but did not file a timely contest. Essroc discovered the failure after the manager resigned, amid other delinquency notices and collection actions involving its penalty…
Secretary of Labor v. Inman Energy, Process Energy, Spartan Mining Company, Inc., and Aracoma Coal Company
Five late contests reopened
Four Alpha Natural Resources subsidiaries asked the Commission to reopen five MSHA penalty assessments that had become final after late contests. Alpha's executive assistant said she handled contest filings for acquired Legacy Massey Energy mines and fell behind because of a holiday break and…
Secretary of Labor v. Dominion Coal Corporation
Eleven-month default delay barred reopening
Dominion Coal defaulted after failing to answer MSHA's penalty petition or a later show-cause order. It sought reopening eleven months after the show-cause order, citing personnel changes, staffing shortages, misrouted mail, and unsuccessful settlement efforts. The Secretary opposed relief and…
Secretary of Labor v. Dennis S. Bell and Michael P. Duffy, employed by Duffy, Inc.
Secretary of Labor v. Dennis S. Bell and Michael P. Duffy (FMSHRC PENN 2013-86-M, PENN 2013-87-M): Two individual assessments reopened
Counsel for Duffy, Inc. sought to reopen individual section 110(c) assessments against Dennis Bell and the company's late owner, Michael Duffy. The corporate secretary said both contest forms were mailed on September 7, 2012, but MSHA had no record of receiving them. Michael Duffy had died in a…
Secretary of Labor v. Highland Mining Company LLC
Four belt and noise violations upheld
Highland Mining contested four citations involving its No. 4 unit, conceding two underlying violations but disputing their gravity and negligence. Judge William B. Moran upheld an S&S citation for a misaligned conveyor belt rubbing six warm frames and an S&S noise citation after a continuous-miner…
Matter of G-K-
The UNTOC does not create independent immigration relief
The Board reviewed a Ghanaian lawful permanent resident's appeal after an Immigration Judge ordered his removal following a heroin-trafficking conviction. The respondent argued that the United Nations Convention Against Transnational Organized Crime required protection because he had cooperated…
Secretary of Labor on behalf of Reuben Shemwell v. Armstrong Coal Company, Inc. and Armstrong Fabricators, Inc.
Oral argument set on retaliatory-lawsuit claim
Armstrong filed a Kentucky tort lawsuit against welder Reuben Shemwell after he pursued Mine Act discrimination claims arising from his discharge. The Secretary then alleged that the lawsuit itself interfered with Shemwell's protected rights under section 105(c)(1). Judge Jerold Feldman scheduled…
Secretary of Labor v. Carmeuse Lime & Stone, Inc.
Crane-capacity citation vacated for lack of quantitative proof
Carmeuse used an underground crane to lift a 10,000-pound conveyor-belt counterweight at its Maysville limestone mine. MSHA alleged that an outrigger rested on unstable ground, the outriggers were extended unequal distances, and the crane was therefore used beyond the manufacturer's design…
Nalco Company
In re Nalco Company (EAB FIFRA Appeal No. 12-01C): $225,000 civil penalty approved
Nalco Company was the respondent in a Federal Insecticide, Fungicide, and Rodenticide Act matter involving pesticide products distributed to pulp and paper mills. The Consent Agreement states that EPA alleged Nalco distributed three products that were not registered as pesticides under FIFRA. Nalco…
Peabody Western Coal Company
In re Peabody Western Coal Company (EAB CAA Appeal No. 12-01): Petition for review denied
Peabody Western Coal Company operated the Kayenta Complex, a coal-mining operation in Arizona, under a federal Clean Air Act Title V permit administered by the Navajo Nation Environmental Protection Agency under delegated EPA authority. After the permit was amended to correct its issuance and…
Neupauer Masonry, Inc.
Default remanded over unlicensed representative
An administrative law judge dismissed Neupauer Masonry's contest after the company failed to answer the Secretary's complaint or respond to an order to show cause. The default order affirmed three citations and $43,560 in proposed penalties. On review, Neupauer said it had hired Julio Vargas for…
Secretary of Labor v. Tripple H Coal, LLC
Auger-helper noise citation affirmed
An MSHA full-shift sample found that a coal-auger helper at Tripple H Coal's Auger #1 mine received a noise dose of 150 percent, above the 132 percent permissible level including the error factor. The miner wore hearing protection, so the inspector treated hearing loss as unlikely and the violation…
Honeywell International, Inc.
In re Honeywell International, Inc. (EAB EPCRA 12-02C): consent agreement ratified
Honeywell International, Inc. was the respondent in an Emergency Planning and Community Right-to-Know Act matter before the Environmental Appeals Board. The Board incorporated the attached Consent Agreement into its Final Order by reference and ratified it. The Board ordered Honeywell to comply…
Dickenson-Russell Coal Company, LLC v. Secretary of Labor
Mine operator had to report temporary worker's injury
A temporary worker supervised by Dickenson-Russell was injured while roof bolting at the Roaring Fork No. 4 Mine. His employment agency timely filed MSHA Form 7000-1, but Dickenson-Russell did not file its own report because it believed the contractor's submission was sufficient. Judge Jerold…
Secretary of Labor v. Argus Energy WV, LLC
Three final assessments reopened
Argus Energy asked the Commission to reopen three MSHA penalty assessments that had become final after they were not timely contested. The corrected published order does not state why the deadlines were missed. The Secretary did not oppose any of the requests. The Commission reopened all three…
District of Columbia Municipal Separate Storm Sewer System (MS4)
In re District of Columbia Municipal Separate Storm Sewer System (MS4) (EAB NPDES Appeal No. 11-05): petition dismissed with prejudice
District of Columbia Water and Sewer Authority and Wet Weather Partnership jointly petitioned for review of the District of Columbia municipal separate storm sewer system permit. The petitioners and the District Government later submitted a settlement agreement allocating responsibility under the…
Secretary of Labor v. Beverly Materials, LLC
Equipment and electrical citations split
Beverly Materials contested nine non-S&S citations from two Illinois sand-and-gravel pits. Judge William B. Moran vacated a brake-light citation because the loader had only been moved to the grade where its preshift test would occur and had not yet been placed in service. He affirmed reduced…
Artemio Gonzalez Exteriors
Citation affirmed after the employer defaulted
Artemio Gonzalez Exteriors did not file an answer to the Secretary of Labor's complaint. The judge issued an order requiring the employer to explain why it should not be declared in default, but the certified mailing was returned unclaimed and unable to forward. The judge found that the employer…
GE Reuter Stokes, Inc.
In re GE Reuter Stokes, Inc. (EAB TSCA Appeal No. 12-08C): consent agreement ratified
GE Reuter Stokes, Inc. was the respondent in a Toxic Substances Control Act matter before the Environmental Appeals Board. The Board incorporated the attached Consent Agreement into its Final Order and ratified it. The Board ordered the company to comply with all terms of the Consent Agreement…
Kemira Chemicals, Inc.
In re Kemira Chemicals, Inc. (EAB FIFRA Appeal No. 13-01C): consent agreement ratified
Kemira Chemicals, Inc. was the respondent in a Federal Insecticide, Fungicide, and Rodenticide Act matter before the Environmental Appeals Board. The Board incorporated the attached Consent Agreement into its Final Order and ratified it. The Board ordered Kemira to comply with all terms of the…
Todd Descutner v. Newmont USA
Partial remedies awarded after discrimination ruling
After an earlier ruling that Newmont illegally terminated haul-truck driver Todd Descutner, the parties agreed on some remedies but remained divided over overtime and attorney fees. Judge David F. Barbour noted that Descutner had been reinstated and his personnel file had been cleared of references…
Kemira Water Solutions, Inc
In re Kemira Water Solutions, Inc. (EAB TSCA Appeal No. 12-09C): consent agreement ratified
Kemira Water Solutions, Inc. was the respondent in a Toxic Substances Control Act matter before the Environmental Appeals Board. The Board incorporated the attached Consent Agreement into its Final Order and ratified it. The Board ordered the company to comply with all terms of the Consent…
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.