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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Eagle Energy Incorporated
Unwarrantable-failure finding affirmed on remand and $2,850 total penalty assessed
Eagle Energy operated a wet underground mine where water accumulated in an escapeway after the mine's pumping arrangement was changed during longwall preparation. On remand, Judge Jerold Feldman held that the violation of the escapeway standard was attributable to Eagle Energy's unwarrantable…
Hobet Mining, Incorporated
Excessive-history penalties remanded
Hobet Mining challenged penalty proposals calculated under the Secretary's excessive-history program, which increased penalties based on prior violations. The Commission held that it had jurisdiction to review the program and that the program was an invalid substantive rule because it had not gone…
Cyprus-Plateau Mining Corporation
Excessive-history penalties remanded
Cyprus-Plateau Mining Corporation challenged penalty proposals calculated under the Secretary's interim excessive-history program, which increased penalties based on prior violations. The Commission held that it had jurisdiction to review the program and that the program was an invalid substantive…
Utah Power and Light Company
Excessive-history penalties remanded
Utah Power and Light challenged civil penalty proposals calculated under the Secretary's excessive-history program, which added increases based on prior violations. The Commission held that the program was an invalid substantive rule because it had not gone through notice-and-comment rulemaking and…
Zeigler Coal Company
Excessive-history penalty remanded
Zeigler Coal challenged a proposed penalty for a violation of 30 C.F.R. § 75.400 after the Secretary increased the amount under an excessive-history program. The Commission held that the program was an invalid substantive rule because it had not been issued through notice-and-comment rulemaking and…
Texas Utilities Mining Company
Excessive-history penalty remanded
Texas Utilities Mining Company challenged a penalty proposal calculated under the Secretary's interim excessive-history program after MSHA cited one violation of a mine safety standard. The Commission held that it had jurisdiction to review the program and that the program exceeded the court's…
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.