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. Black River Coal, LLC
Evidence challenge deferred to reinstatement hearing
The Secretary sought temporary reinstatement for miner Raymond McKinney and moved to exclude his personnel file, equipment checklists, and testimony from five proposed company witnesses before the hearing. Judge Jerold Feldman recognized that a temporary-reinstatement hearing is limited to whether…
Lad Mining Inc., Larry Flynn, and Ronald Calhoun
Discovery order partially granted
The Secretary brought a Mine Act discrimination complaint on behalf of Jerry Lee Dotson, who alleged that Lad Mining, Larry Flynn, and Ronald Calhoun discharged him and refused to rehire him because of protected safety activity. During discovery, the respondents sought the names and expected…
Contests of Respirable Dust Sample Alteration Citations
Discovery motions partly granted
This order addressed several contestants' motions to compel discovery in a master docket involving alleged alteration of respirable dust samples. Judge James A. Broderick upheld the Secretary of Labor's privilege claims for specified documents, ordered other documents submitted for in camera…
Adkins Coal Corporation
Discovery permitted in civil penalty case
The Secretary sought permission to obtain documents from Adkins Coal Corporation after filing a discovery motion more than 20 days after the civil penalty petition. The requested material included a mine foreman's personal notebook, which the company argued was attorney work product. Judge Avram…
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.