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 v. Cedar Creek Coal, LLC
Undelivered assessment never became final
Federal Express could not deliver Cedar Creek Coal's proposed penalty assessment, reporting an incorrect address, while the operator maintained that the address was correct. The Secretary did not oppose relief and advised Cedar Creek to verify its address of record. The Commission held that the…
Tri-County Public Airport Site, Raytheon Aircraft Company
In re Tri-County Public Airport Site, Raytheon Aircraft Company (EAB CERCLA § 106(b) Petition No. 06-01): petition dismissed with prejudice
Raytheon Aircraft Company petitioned the Environmental Appeals Board for reimbursement of costs incurred while complying with a unilateral administrative order issued by EPA Region 7 for the Tri-County Public Airport Site. The Board had stayed the proceeding while parallel federal-court proceedings…
Matter of Orlando Gracia RICHARDSON
Conspiracy does not require an overt act
The Board reviewed a Jamaican lawful permanent resident's appeal after an Immigration Judge found him removable based on a New Jersey conviction for conspiracy to commit robbery. The Board held that conspiracy under the aggravated-felony provision does not require proof that one of the conspirators…
Secretary of Labor v. Reading Anthracite Company
Truck-maintenance violations affirmed after fatal overturn
A Reading Anthracite haul truck overturned on December 6, 2005, and driver Robert Chattin died from injuries sustained in the accident. Judge Jacqueline R. Bulluck found that a worn transmission hose ruptured, most of the transmission fluid escaped, and the retarder failed, while degraded front and…
Matter of Safet KOLJENOVIC
Adjustment counts as admission for section 212(h)
The Board reviewed a Montenegrin respondent's appeal after an Immigration Judge denied a section 212(h) waiver of inadmissibility. The respondent had entered the United States without inspection, later adjusted status to lawful permanent resident, and was placed in removal proceedings after a…
Rocking BS Ranch, Inc.
In re Rocking BS Ranch, Inc. (EAB CWA Appeal No. 09-04): default order affirmed
The Environmental Appeals Board reviewed an enforcement action against Rocking BS Ranch, a swine facility in Oklahoma, for an unauthorized discharge of agricultural waste into waters of the United States. The Ranch did not answer the complaint or amended complaint, and the Regional Judicial Officer…
Burrows Paper Corporation
Late notice of contest dismissed
Burrows Paper received an OSHA citation but did not file a notice of contest within the required fifteen working days. It later argued that confusing or misleading conduct by OSHA officials justified accepting the late filing. The Commission found that the only specified conduct occurred two weeks…
Martorell Construction Company and its Successors
Default case remanded to assess missed hearing
The judge affirmed three serious construction violations and $4,500 in penalties after Martorell failed to appear at the hearing. Martorell later claimed that it had not received written hearing notices and did not remember receiving verbal notice. The Commission treated the filing as a request to…
Newmont USA Limited v. Secretary of Labor
Broken femur did not trigger 15-minute reporting
A Newmont miner's boot was caught by a moving haul-truck tire, twisting him and fracturing his femur. He remained alert and responsive with good vital signs, and the responding emergency medical technician did not believe the injury had a reasonable potential to cause death. Newmont did not notify…
Jim Walter Resources, Inc. v. Secretary of Labor
Broad enforcement-history discovery blocked
Jim Walter Resources sought MSHA's enforcement history, investigation files, documents, and representative testimony concerning section 77.1710(g) citations issued over roughly seven years to the company and its contractors. The Secretary requested a protective order, arguing that the material was…
American Bridge Company
Connector fall violation affirmed as serious
An American Bridge ironworker fell about 70 feet from a steel girder after unhooking his fall-protection lanyard. The judge found constructive knowledge because the foreman was nearby, supervisors had seen workers untied on prior occasions, and the project owner had repeatedly warned American…
Los Mestenios Compressor Station
In re Los Mestenios Compressor Station (EAB CAA Appeal No. 09-01): petition dismissed with prejudice
Williams Four Corners, LLC withdrew its petition challenging the Clean Air Act Title V permit for the Los Mestenios Compressor Station. The withdrawal followed negotiations with EPA Region 6, which proposed a revised permit and issued a final permit on April 1, 2010. The Environmental Appeals Board…
Secretary of Labor v. Tarmac America, LLC
Reopening request withdrawn after payment decision
Tarmac America asked the Commission to reopen a final penalty assessment. Eight days later, the company decided to pay the assessment in full. Its counsel asked to withdraw the pending reopening request. The Commission granted the withdrawal.
Secretary of Labor v. Orchard Coal Company, S & M Coal Company, Alfred Brown Coal Company, and B & B Coal Company
Secretary of Labor v. Orchard Coal Company, et al. (FMSHRC PENN 2010-342-E): Four anthracite mines ordered to upgrade emergency communications
Four small underground anthracite operators submitted emergency response plans that retained hard-wired telephone and manual tracking systems instead of upgraded wireless communication and electronic tracking. They cited concerns that radio-frequency devices could prematurely detonate blasting caps…
Eshbach Brothers, LP
Portland-cement washing citation affirmed
About 20 Eshbach masonry employees handled portland cement at a construction project. Workers used a hose and water barrel to wash cement from their skin, but OSHA requires clean water, non-alkaline soap, and clean towels because wet cement can cause severe burns. Eshbach argued that a bathroom in…
Rocky Well Service, Inc. and Edward J. Klockenkemper
In re Rocky Well Service, Inc. and Edward J. Klockenkemper (EAB SDWA Appeal Nos. 08-03 and 08-04): liability and penalty affirmed
Rocky Well Service, Inc. and Edward J. Klockenkemper operated six Class II underground injection control wells subject to an EPA-approved Illinois program. The EAB affirmed findings that they failed to perform required mechanical integrity testing and failed to submit annual monitoring reports. The…
Allstate Services, Ltd. d/b/a A&R Demoltion
Interim lead-protection item withdrawn on review
Allstate demolished lead-painted piping without first measuring employee lead exposure. The judge affirmed an exposure-assessment item and an interim-protection item, with $1,250 penalties for each, while vacating a lead-communication item. The Commission limited review to the interim-protection…
Matter of H-L-H- & Z-Y-Z-
China family planning evidence did not establish persecution
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's grant of asylum to a Chinese couple who feared forced sterilization and severe sanctions after returning to Fujian Province with two United States citizen children. The Board held that the record did not…
Secretary of Labor v. Black Beauty Coal Company
Three berm violations upheld with $16,543 penalty
MSHA cited inadequate overtravel protection at three locations in Black Beauty Coal Company's Somerville Central surface mine. Judge Margaret A. Miller found that a dragline bench became an elevated roadway when a service truck traveled within 18 feet of a 50-foot drop without an adequate berm. She…
Secretary of Labor v. Ames Construction, Inc.
Contractor liable for unsafe pipe unloading
A truck driver delivered nine plastic pipes, each about 50 feet long and weighing about 3,000 pounds, to a tailings facility where Ames Construction supervised unloading. Two Ames crew members left to retrieve a forklift, while a third remained nearby without giving the driver the safety…
Denny Maize Construction
Eight serious construction items affirmed
Denny Maize Construction did not appear at the hearing, and OSHA's inspection evidence was undisputed. Workers lacked hard hats and eye protection, used circular saws with blade guards wedged open, and used damaged or improperly spliced extension cords. OSHA also documented an undersized scaffold…
Secretary of Labor v. Alex Energy, Inc.
Hearing kept despite settlement in principle
Three Alex Energy penalty proceedings were scheduled for an April 7, 2010 hearing. The parties reported a settlement in principle for one docket after months of negotiations, but no settlement-approval motion had been filed in any case. Judge Jerold Feldman kept the hearing on schedule and stated…
Matter of Antonio PEREZ RAMIREZ
Probation-revocation sentence counted toward aggravated felony
The Board reviewed a Mexican lawful permanent resident's appeal from a removal order based on a California misdemeanor conviction for willfully inflicting corporal injury on a spouse. After the respondent violated probation, the state court imposed 365 days in jail, and the Board held that this…
Kevin Baird v. PCS Phosphate Company, Inc.
Temporary reinstatement dissolved after Secretary withdrew case
Kevin Baird received temporary economic reinstatement while the Secretary pursued a discrimination complaint against PCS Phosphate. After the Secretary withdrew that complaint, PCS asked Judge Jacqueline R. Bulluck to end the reinstatement, while the Secretary argued it should continue through any…
City of Twin Falls Wastewater Treatment Plant
In re City of Twin Falls Wastewater Treatment Plant (EAB NPDES Appeal Nos. 09-12, 09-13, and 10-08): petition dismissed as moot
The City of Twin Falls received an NPDES permit allowing discharges from its Wastewater Treatment Facility into the Snake River. The Idaho Conservation League challenged permit condition 1.B.1 and Appendix A, which addressed pollutant trading. EPA Region 10 later withdrew the contested permit…
Mach Mining, LLC
Shaft dewatering violations affirmed with reduced penalties
Mach Mining used a non-permissible electric pump below the collar of a water-filled bleeder shaft and lacked an approved plan describing how the shaft would be dewatered. Judge David F. Barbour held that dewatering was part of the shaft excavation process, so the pump had to be permissible under 30…
Abundance Coal, Inc. v. Secretary of Labor
EAJA liability found, fee record left open
Abundance Coal prevailed in an expedited contest after a judge vacated a citation under 30 C.F.R. § 75.336(c) because the standard did not apply to its 120 psi mine seals. The company then sought $13,911.59 in attorney fees and costs under the Equal Access to Justice Act. Judge Gary Melick held…
Claysville Quarry
New-miner training penalty reduced to $240
Claysville Quarry used nine contract employees to stack dimensional stone without giving them the required new-miner training. Owner Dennis Roy Hinch admitted the violation and did not dispute its significant-and-substantial designation, leaving only the penalty amount unresolved. Judge Jerold…
Secretary of Labor v. Highland Mining Company
Reopening deadline extended by 20 days
Highland Mining had filed motions to reopen four penalty assessments that became final when they were not timely contested. The Commission had denied one motion with prejudice and allowed Highland 30 days to renew the other three with fuller explanations and measures to prevent future missed…
RS&W Coal Company, Inc. v. Secretary of Labor
Ventilation citation and withdrawal order affirmed
RS&W Coal operated its small anthracite mine without an approved ventilation map after refusing to retain a monitoring point and add airflow-direction arrows for a worked-out section. Judge Alan G. Paez found that MSHA and the operator had negotiated in good faith and that MSHA gave a rational…
Turner Industries Group, LLC
Pipe-machine guarding citation affirmed
Turner employees were being trained on a pipe-facing machine with one accessible cutting point left completely unguarded. A manufacturer's trainer unexpectedly started the machine while two employees were making measurements and adjustments, injuring one employee's hand. The judge found that Turner…
Secretary of Labor v. Lakeview Rock Products, Inc.
Highwall citation vacated, grounding settlement approved
MSHA alleged that large rocks on a recessed quarry bench could fall toward a loader traveling on the pit floor. Judge Jerold Feldman found that the rocks had remained stationary for years, sat about 100 feet back from the highwall base, and could be moved only by a very large dozer. He also found…
City of Marlborough Westerly Wastewater Treatment Facility
In re City of Marlborough Westerly Wastewater Treatment Facility (EAB NPDES Appeal Nos. 10-01, 10-02, and 10-03): petitions dismissed as moot
The City of Marlborough, the Town of Stow, and the Organization for the Assabet River petitioned for review of a modification to the NPDES permit for the Westerly Wastewater Treatment Facility. EPA Region 1 withdrew that permit modification and said it would prepare a new draft permit for notice…
Secretary of Labor v. PC Sand & Gravel
Settlement approved at $784 after added support
PC Sand & Gravel and the Secretary asked to settle a civil penalty case that included vacating thirteen citations. Chief Judge Robert J. Lesnick initially required more information because the motion did not explain the citation withdrawals or provide facts supporting the agreed penalty. He…
Secretary of Labor v. Ohio County Coal Company, LLC
Methane-monitor and lifeline penalties reduced
MSHA cited Ohio County Coal after a continuous miner's methane monitor under-read a test mixture and the primary escapeway lacked lifeline in its final 1,000 feet. Judge Michael E. Zielinski affirmed both violations but found neither significant and substantial and reduced negligence to low. The…
Mach Mining, LLC v. Secretary of Labor
Obstructed escapeway citation affirmed as S&S
Mach Mining's primary escapeway contained standing water, loose concrete blocks, a gob pile, steel track material, and a pallet of crib ties. Judge Avram Weisberger found that the combined conditions would hinder and delay miners during an emergency evacuation, particularly an injured miner or…
Secretary of Labor on behalf of Jose A. Chaparro v. Comunidad Agricola Bianchi, Inc.
Maintenance worker temporarily reinstated
Jose Chaparro alleged that Comunidad Agricola Bianchi laid him off because he cooperated with MSHA's investigation of an accident at its sand-processing facility. The company maintained that it had already decided to dismiss him during a probationary period because his maintenance work was poor and…
Mosser Construction, Inc.
Excavation violation reclassified as serious
Mosser employees worked in a 6-foot, 6-inch excavation whose benching did not meet the required dimensions. The judge affirmed the protective-system violation as other-than-serious and assessed $500, reasoning that Mosser had substantially attempted to bench the excavation. The Commission found…
Secretary of Labor v. Brooks Run Mining Company, LLC
Lost-mail assessment reopened
Brooks Run Mining sought to reopen a penalty assessment that became final when its contest was not received. The record showed that the Postal Service received the contest form but lost it, and the company's safety representative learned of the problem only after a delinquency notice arrived…
Matter of Santos Enrique MILIAN-Dubon
Incorporated police reports may identify the offense
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings against a Guatemalan lawful permanent resident convicted of battery against his spouse under California law. The Board held that a police report may be considered in the…
Secretary of Labor v. Rockhouse Creek Development LLC
Assessment reopened after counsel's calendar error
Rockhouse Creek intended to contest a proposed penalty assessment and timely sent it to counsel. Counsel's firm failed to calendar the matter, so no contest reached the Secretary and the assessment became a final Commission order. The operator moved promptly after discovering the mistake, and the…
Secretary of Labor v. White Buck Coal Company
Late assessment contest remanded for good-cause findings
White Buck Coal asked to reopen a final penalty assessment covering 65 citations. The company said turnover among its safety directors kept it from learning about the delinquent assessment until nearly eleven months after it became final. The Secretary did not oppose reopening but urged the…
Secretary of Labor v. Mingo Logan Coal Company
Claimed mailed contest allowed to proceed
Mingo Logan said it mailed a form contesting 16 of 30 proposed penalties and simultaneously paid the uncontested penalties. MSHA had no record of receiving the contest, and the company learned of the problem when a delinquency notice arrived. It contacted MSHA immediately and sought reopening…
Secretary of Labor v. Gilbert Development Corporation
Lockout citation modified and penalty cut to $5,000
A Gilbert Development employee energized a 480-volt power circuit under repair and sustained burns in the resulting arc flash. Judge Richard W. Manning found that the circuit had been deenergized and locked, but the lock key was left on a nearby pegboard and the lock was marked only with an…
Oak Grove Resources, LLC v. Secretary of Labor
Flooded bleeder order and abatement refusal upheld
Water accumulations and roof falls made major portions of Oak Grove's bleeder system impassable, preventing weekly examination of 11 measurement points while the mine continued longwall production. Judge Michael E. Zielinski found that the unexamined system, rising fan pressure, and substantial…
Secretary of Labor v. Coal River Mining, LLC
Fireproofing unwarrantability remanded, three penalties affirmed
Batteries overheated while charging on the ground at Coal River Mining's underground station, which had not been coated with the required fire-retardant material. The judge affirmed that violation as S&S but found no unwarrantable failure because the coating had frozen and the company intended to…
Secretary of Labor v. Claysville Quarry
Hearing canceled and penalty facts required
Claysville Quarry admitted that nine contract stone stackers had not received required new-miner training and did not dispute the S&S designation. With no factual dispute remaining, Judge Jerold Feldman canceled the scheduled hearing and focused the case on the proper penalty. He ordered the…
Matter of T-M-H- & S-W-C-
Changed circumstances do not create an automatic one-year filing extension
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's grant of asylum to a Chinese couple who filed their applications after the birth of their second child. The Board held that the changed-circumstances exception to the one-year asylum filing deadline does not…
MGP Ingredients of Illinois, Inc.
In re MGP Ingredients of Illinois, Inc. (EAB PSD Appeal No. 09-03): permit remanded for BACT reconsideration
Sierra Club petitioned for review of a Clean Air Act Prevention of Significant Deterioration permit issued to MGP Ingredients of Illinois for construction at its existing plant in Pekin, Illinois. The Illinois Environmental Protection Agency asked to reconsider the Best Available Control Technology…
Mach Mining, LLC
Ventilation plan citations affirmed
Mach Mining operated its underground coal mine under a high-volume push-pull ventilation system and challenged two citations issued after MSHA refused to approve its proposed general and panel-specific plans. Judge Margaret A. Miller found that the operator and MSHA had adequately consulted in good…
Secretary of Labor v. F & G Resources, LLC
Five reopening requests moot, four remanded
F & G Resources sought to reopen nine proposed penalty assessments that it said it had not received or understood. Four requests were moot because MSHA confirmed the assessments had been returned undelivered and planned to serve them again by certified mail. A fifth was moot because the assessment…
Secretary of Labor v. Performance Coal Company
Reopening explanation lacked detail
Performance Coal missed the deadline to contest penalties totaling $34,269 for 19 violations. It said a proposed assessment was misplaced during a change in safety directors, when offices and files were moved and the incoming director was being trained. The company found the assessment in October…
Secretary of Labor v. Banner Blue Coal Company
Late penalty contest reopened
Banner Blue Coal Company intended to contest penalties for nine of 34 citations, but its assessment form was lost while the company moved its corporate headquarters. The safety director discovered the mistake two months later and mailed the contest, after MSHA had already sent a delinquency notice…
Secretary of Labor v. Keokee Mining, LLC
Reopening denied for unexplained delay
Keokee Mining asked the Commission to reopen a penalty assessment after its counsel failed to contest one order on time. The company described the failure only as inadvertence and oversight. It also did not explain why it waited about seven months after a delinquency notice, or why it sought…
Matter of Caritina DIAZ-Castaneda; Matter of Porfirio LOPEZ-Lopez
Matter of Caritina DIAZ-Castaneda and Matter of Porfirio LOPEZ-Lopez (BIA ID 3672): unlawful reentry bars adjustment under section 245(i)
The Board reviewed two Mexican respondents' appeals from decisions denying adjustment of status under section 245(i) and granting voluntary departure. Both respondents had accrued more than one year of unlawful presence after April 1, 1997, left the United States, and reentered without admission…
Matter of Ernesto Javier MORALES
A qualifying stepparent must be considered in hardship analysis
The Board reviewed a lawful permanent resident's appeal from the denial of cancellation of removal. The Immigration Judge considered the respondent's mother a qualifying relative for the hardship analysis but did not consider his United States citizen stepfather, who had married the respondent's…
Secretary of Labor v. R & K Coal Company, Inc.
Default remanded for answer inquiry
A Chief Administrative Law Judge entered a default against R & K Coal after the company did not respond to a show-cause order. Six days later, R & K asked the Commission to set the default aside and supplied an April 2009 letter that appeared to be its answer, along with a fax cover sheet sent to…
United Taconite, LLC
Drill citations settled for $1,000
MSHA issued two citations after a drill operator was fatally injured when a large drill tipped while being leveled on a steep grade. One citation alleged that the drill had been used beyond its design capacity, and the other alleged inadequate instruction on safe procedures for new equipment. In…
Secretary of Labor v. Frasure Creek Mining, LLC
Missing assessment reopened
Frasure Creek Mining had requested an MSHA conference on a citation but did not timely contest the later proposed penalty assessment. The employee responsible for routing assessments was terminated, and the company found other assessments in her files but never located this one. Frasure Creek…
Secretary of Labor v. Williams & Sons Slate & Tile, Inc.
Payment error sent dismissals back
Four penalty cases had been dismissed after the Secretary told the Chief Judge that Williams & Sons had paid the assessments and no longer wished to proceed. The Secretary later discovered that MSHA had mistakenly credited payments from a different company with a similar name to Williams's account…
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.