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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Wyoming Fuel Company n/k/a Basin Resources, Inc.
Ventilation findings split on review
Basin Resources changed the ventilation system at the Golden Eagle Mine without obtaining MSHA's prior approval. The Commission affirmed that the change violated the mine's approved ventilation plan, but remanded whether the violation was significant and substantial because the judge had not…
BethEnergy Mines, Inc.
Citation and penalty vacated, proceeding dismissed
MSHA cited BethEnergy Mines after a sudden release of methane at the face area of a longwall section, alleging violations involving ventilation and the mine's ventilation plan. The ALJ vacated the ventilation-plan citation but found a violation of the ventilation standard, and BethEnergy petitioned…
Randy Rothermel, Individually and D/B/A Tracey & Partners
Multiple citations modified or vacated
The Secretary brought three consolidated civil penalty proceedings against Randy Rothermel and Tracey & Partners at the Tracey Slope Mine. Judge Avram Weisberger found several violations involving escapeways, mine ventilation and maps, electrical equipment, and reporting requirements, while…
Emerald Mines Corporation
Citation contest denied after remand
Emerald Mines Corporation contested a citation alleging that power to a continuous miner was not immediately de-energized when methane was detected and that ventilation changes were made before the machine was de-energized. After the Commission remanded the case, the parties stipulated that the…
Green River Coal Company, Inc.
Settlements approved across four mine dockets
Green River Coal Company agreed to settle four civil penalty proceedings involving coal accumulations, conveyor equipment, ventilation, methane, accident-site preservation, and roof control at its Green River No. 9 Mine. Judge George A. Koutras found the settlements reasonable and in the public…
Emerald Mines Corporation
Section 104(d) citation reinstated and remanded
Emerald Mines Corporation was cited after MSHA investigated a reported methane accumulation at its No. 1 Mine. The ALJ had held that a section 104(d)(1) citation could not be issued because the inspector found the violation after the condition had ended, and modified it to a section 104(a)…
Rushton Minning Company
Wire-rope order partly affirmed and penalties assessed
At Rushton Mine, an inspector found that a mantrip hoist rope had more than 15 percent broken wires in one strand. Judge James A. Broderick found a violation and unwarrantable failure because Rushton's inspection procedure assigned one person too many tasks and failed to detect clearly visible…
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.