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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Matthew A. Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Sua sponte dismissal followed bankruptcy sanction threat
Matthew Varady had established that Veris Gold discriminated against him under the Mine Act, but relief and potential successor liability against Jerritt Canyon Gold remained unresolved. A bankruptcy court enforced its free-and-clear sale order, enjoined Varady and Daniel Lowe from pursuing…
Daniel B. Lowe v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Sua sponte dismissal followed bankruptcy sanction threat
Daniel Lowe had established that Veris Gold discriminated against him under the Mine Act, but relief and potential successor liability against Jerritt Canyon Gold remained unresolved. A bankruptcy court enforced its free-and-clear sale order, enjoined Lowe and Matthew Varady from pursuing successor…
Mark Gray v. North Fork Coal Corporation
Remand hearing limited to handwriting experts
The Commission remanded Mark Gray's discrimination case because two handwriting experts had been excluded from the original hearing. Gray then sought a broader new trial with additional lay and mine-safety witnesses. Judge Priscilla M. Rae held that the Commission's remand was limited to the two…
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…
Justin Nagel v. Newmont USA Limited
Unauthorized stay requires vacatur and remand
Justin Nagel filed a Mine Act discrimination complaint against Newmont and disputed orders concerning deposition security and production of recorded conversations. The ALJ dismissed the case as a discovery sanction but attempted to stay the dismissal while the Commission considered a certified…
T & M Development Company
Pro se discrimination dismissal vacated and remanded
Donald Ribble filed a pro se Mine Act discrimination complaint alleging that T & M Development Company fired him after a back injury and after he sought an accident report and reported safety problems. The ALJ dismissed the complaint for failing to allege facts constituting discrimination 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.