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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Tug Valley Coal Processing
Penalty dismissal vacated and remanded
Tug Valley Coal Processing paid a proposed civil penalty, and the ALJ reviewed the penalty and dismissed the proceeding. Tug Valley later said it paid through genuine mistake and should still be allowed to contest the violation. The Commission found that the record did not show whether the payment…
Tarmann v. International Salt Company
Kathleen I. Tarmann v. International Salt Company (FMSHRC LAKE 89-56-DM): Dismissal vacated and case remanded
An ALJ dismissed Kathleen I. Tarmann's discrimination proceeding after being told that the parties had settled and after Tarmann did not respond to an order to show cause. Tarmann's counsel later said that no settlement had been reached and asked that the case be reinstated, while International…
Beaver Creek Coal Company
Contest dismissed after cited order was vacated
Beaver Creek Coal Company contested an MSHA order concerning its roof control plan and sought declaratory relief, attorney fees, and costs. MSHA vacated the order after the contest was filed, and the judge found that the requested declaratory relief was moot because the requested plan modification…
Secretary of Labor o/b/o Clarke v. T.P. Mining, Inc.
Motion for reconsideration denied
The Commission had previously found that Administrative Law Judge Joseph B. Kennedy and counsel for T.P. Mining engaged in a prohibited ex parte communication during a discrimination proceeding. Judge Kennedy moved for reconsideration, arguing that he lacked notice of the specific allegations and…
UMWA o/b/o Rowe v. Peabody Coal Company
Motion for reconsideration denied
The Commission had previously found that Administrative Law Judge Joseph B. Kennedy engaged in a prohibited ex parte communication, verbally abused attorneys, and commented publicly on a pending proceeding. Judge Kennedy moved for reconsideration, arguing that the Commission denied him due process…
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.