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. 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…
Justin Nagel v. Newmont USA Limited
Discovery violations end discrimination case
Justin Nagel pursued a discrimination complaint without counsel after the Secretary declined to bring the case. Audio recordings in Nagel's possession concerned the safety complaints, discipline, suspension, and termination at the center of his allegations. The judge repeatedly ordered him to…
VT Unfading Green Slate Co., Inc.
Unguarded trimmer citation affirmed on remand
VT Unfading Green Slate Co. operated a slate quarry and mill. The Commission remanded the case so the ALJ could consider additional testimony about the guard on a slate trimmer’s V-belt drive. The company did not respond to the hearing notice or the later show-cause order, so the hearing was…
Simp-A-Lex
Default entered and $50,113 penalty assessed
Simp-A-Lex failed to respond to a prehearing order and an order to show cause in a civil penalty proceeding. The company had indicated that it was no longer in business and that no one was available to pursue the case, but it did not formally withdraw its contest or respond to the default motion…
In the matter of: Connie Prater
Counsel withdrawal granted and show-cause order issued
This disciplinary proceeding concerned Connie Prater’s participation in a matter before the Commission. Her counsel asked to withdraw after reporting that Prater was seriously ill and would not make further appearances. The judge granted the withdrawal, directed that future documents be served…
All American Asphalt
Show-cause request denied
All American Asphalt asked the Commission to issue a show-cause order and dismiss a remanded discrimination proceeding, arguing that the Secretary had not complied with two ALJ orders about a supplemental brief. The Commission denied the request because the case and related motions remained with…
Buck Creek Coal, Inc.
Default judgment affirmed with $14,084 penalty
Buck Creek Coal failed to respond to the Secretary's discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default, affirmed the listed citations and orders, and assessed civil penalties totaling $14,084. The decision explains…
Buck Creek Coal, Inc.
Default judgment affirmed with $8,474 penalty
Buck Creek Coal failed to respond to the Secretary's discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default, affirmed the listed citations and orders, and assessed civil penalties totaling $8,474. The decision states…
Buck Creek Coal, Inc.
Default judgment affirmed with $22,252 penalty
Buck Creek Coal failed to respond to the Secretary's discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default, affirmed the listed citations and orders, and assessed civil penalties totaling $22,252. The decision states…
Buck Creek Coal, Inc.
Default judgment affirmed with $94,426 penalty
Buck Creek Coal failed to respond to the Secretary's discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default and affirmed the listed orders and citations. The decision states that the proceedings had previously been…
Buck Creek Coal, Inc.
Default judgment affirmed with $38,723 penalty
Buck Creek Coal, Inc. failed to respond to discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default and affirmed the listed orders and citations. The decision states that the proceedings had previously been stayed while…
Empire Energy Inc.
Default judgment affirmed with $135,000 penalties per respondent
Empire Energy Inc., War Eagle Construction, and Kennie Compton failed to respond to discovery requests, an order compelling responses, and a later motion for default. Judge Roy J. Maurer found the respondents in default and affirmed all citations and orders in the captioned dockets. Each respondent…
Buck Creek Coal, Inc.
Default judgment affirmed with $179,310 penalty
Buck Creek Coal, Inc. failed to respond to discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default and affirmed the listed orders and citations. The decision states that the proceedings had previously been stayed while…
Buck Creek Coal, Inc.
Default judgment affirmed with $6,162 penalty
Buck Creek Coal, Inc. failed to respond to discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default and affirmed the listed citations. The decision states that the proceedings had previously been stayed while criminal…
Buck Creek Coal, Inc.
Default judgment affirmed with $9,407 penalty
Buck Creek Coal, Inc. failed to respond to discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default and affirmed the listed citations. The decision states that the proceedings had previously been stayed while criminal…
Buck Creek Coal, Inc.
Default judgment affirmed with $4,628 penalty
Buck Creek Coal, Inc. failed to respond to discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default and affirmed the listed citations. The decision states that the proceedings had previously been stayed while criminal…
Buck Creek Coal, Inc.
Default judgment affirmed with $7,344 penalty
Buck Creek Coal, Inc. failed to respond to discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default and affirmed the listed citations and orders. The decision states that the proceedings had previously been stayed while…
Buck Creek Coal, Inc.
Default entered and citations affirmed
Buck Creek Coal operated the Buck Creek Mine and faced 188 alleged violations with proposed penalties totaling $44,367. After the company failed to answer discovery requests, an order compelling responses, and the Secretary's motion for default, Judge Roy J. Maurer entered default. He affirmed the…
Buck Creek Coal, Inc.
Default judgment and $20,588 penalty
Buck Creek Coal, Inc. faced 33 alleged violations at the Buck Creek Mine in six consolidated civil penalty proceedings. The company did not answer the Secretary’s discovery requests, the order compelling responses, or the motion for default. Judge T. Todd Hodgdon found the company in default…
Buck Creek Coal, Inc.
Default judgment and $25,014 penalty
Buck Creek Coal, Inc. faced 37 alleged violations in consolidated contest and civil penalty proceedings involving the Buck Creek Mine. The company did not answer discovery requests, an order compelling responses, or the Secretary’s motion for default. Judge T. Todd Hodgdon found the company in…
Buck Creek Coal, Inc.
Default judgment and $32,750 penalty
Buck Creek Coal, Inc. faced 50 alleged violations in nine consolidated civil penalty proceedings involving the Buck Creek Mine. The company did not answer discovery requests, an order compelling responses, or the Secretary’s motion for default. Judge T. Todd Hodgdon found the company in default…
Buck Creek Coal, Inc.
Default judgment and $50,364 penalty
Buck Creek Coal, Inc. faced 28 alleged violations in consolidated contest and civil penalty proceedings involving the Buck Creek Mine. The company did not answer discovery requests, an order compelling responses, or the Secretary’s motion for default. Judge T. Todd Hodgdon found the company in…
Buck Creek Coal Inc.
Default decision affirms 26 violations and $58,865 penalty
Buck Creek Coal Inc. faced four consolidated civil penalty proceedings involving 26 alleged violations and $58,865 in proposed penalties. After Buck Creek failed to answer discovery requests, a motion to compel, and a later motion for default, Judge T. Todd Hodgdon entered a default decision. He…
REB Enterprises, Inc.
Default order vacated and remanded
The Commission reviewed a default order against REB Enterprises and two employees, Harold Miller and Richard E. Berry, that imposed civil penalties totaling $10,350. The respondents had proceeded without counsel and had not responded to a prehearing order or penalty petitions, but the judge had not…
Patsy v. Big "B" Mining Company
Dismissal vacated and matter remanded
Randall Patsy appealed the reinstatement of a dismissal in his discrimination proceeding against Big "B" Mining Company. The Commission treated his letter as a timely petition for discretionary review and granted review. It vacated the judge's dismissal because the judge had not issued the required…
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.