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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Keystone Coal Mining Corporation
Dust-citation decisions affirmed, Keystone citations vacated
This consolidated decision concerns thousands of respirable-dust sample citations issued to coal mine operators after MSHA identified abnormal white centers on dust filters. The Commission affirmed the ALJ's common-issues and Keystone decisions, holding that an abnormal white center alone did not…
Faith Coal Company
Common-issues respirable-dust decision ordered mine-specific proceedings
This release addresses common issues from a large group of MSHA citations alleging that mine operators altered respirable-dust sample filters. The ALJ found that the evidence did not prove by a preponderance that abnormal white-center patterns established intentional alteration or that deliberate…
In re: Contests of Respirable Dust Sample Alteration Citations
Reconsideration denied and discovery deadline extended
This master docket concerns citations alleging that mine operators altered the weights of respirable dust filter cassettes. The Secretary asked Judge James A. Broderick to reconsider his holding that an accidental, unintentional change in a cassette’s weight is not a violation of 30 C.F.R. §§…
In re: Contests of Respirable Dust Sample Alteration Citations
Common citation issues consolidated for trial
This master docket covered approximately 4,000 citations alleging that respirable dust filter cassettes had been altered at underground coal mines, surface facilities, and mines with special protections for miners who had evidence of pneumoconiosis. Judge James A. Broderick consolidated the cases…
Donald L. Giacomo, employed by Wyoming Fuel Company
Motions to vacate dust citations denied
This consolidated order addressed motions by Utah Power and Light, now Energy West Mining Company, Bentley Coal Company, and Kentucky Prince Coal Company to vacate citations alleging that respirable-dust samples had been altered. The operators argued that the Secretary issued the citations too…
CNB Coal Company, Inc.
Motion to dismiss late penalty petition denied
CNB Coal Company asked the judge to dismiss a civil penalty proceeding because the Secretary filed the penalty petition after the deadline in Commission Rule 27. The Secretary explained that an extraordinary volume of citations and contest notices had caused the delay. Judge James A. Broderick…
CNB Coal Company, Inc.
Motion to dismiss denied because late filing did not prejudice the operator
CNB Coal Company asked the judge to dismiss a civil penalty proceeding because the Secretary filed the penalty petition after the 45-day deadline. The judge found that the unusually large number of citations and contests processed during the period provided adequate cause for the delay. CNB did not…
S & L Coal Company
Motion to dismiss late penalty petition denied
S & L Coal Company asked the judge to dismiss a civil penalty proceeding because the Secretary filed the penalty petition after the deadline in Commission Rule 27. The Secretary explained that an extraordinary volume of citations and contest notices had caused the delay. Judge James A. Broderick…
Mountaineer Coal Company, Inc.
Common-issues findings lead to a mine-specific trial
This consolidated proceeding concerned roughly 5,000 citations issued to more than 800 mines for alleged intentional alteration of respirable-dust filter weights. After a common-issues trial, Judge James A. Broderick found that the Secretary's circumstantial evidence did not establish that the…
Mettiki Coal Corporation
Motion to vacate respirable-dust citations denied
Mettiki Coal Corporation and several other operators asked the judge to vacate 87 respirable-dust citations issued after MSHA found abnormal white centers on submitted samples. They argued that the Secretary had not issued the citations with reasonable promptness and that the delay prejudiced their…
Koch Carbon, Inc. - Koch Raven Division
Settlement approved with $960 penalty
Koch Carbon's Raven No. 1 Mine was involved in a civil penalty proceeding concerning an alleged violation of 30 C.F.R. § 71.209(b). The Secretary alleged that the operator altered the weight of a respirable dust sample, while the operator denied deliberately tampering with the dust filter media…
Brent Roberts
Certification revocation contest dismissed
Brent Roberts challenged a proposed revocation of his certification to collect respirable-dust samples after MSHA alleged that dust samples connected to him had not been properly collected. Judge Paul Merlin held that the certification was a property right entitled to appropriate 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.