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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Jerry Hudgeons, employed by Ash Grove Cement Company
Late penalty petitions accepted
The Secretary sought individual penalties against Jerry Hudgeons and Fred Walker for alleged Mine Act violations at Ash Grove Cement Company’s Foreman Quarry and Plant. The Secretary filed the penalty petitions three and five days late after the files were misplaced during assignment in the…
Marty P. Boden v. Lion Coal Company
Retaliatory discharge found
Marty P. Boden, a belt foreman at the Swanson Mine, reported unsafe conditions to MSHA. The mine's management learned that his complaints led to an MSHA inspection and directed that he be fired later the same day. Judge August F. Cetti found that the stated reason for the discharge was pretextual…
Lyon Sand & Gravel Co.
Late penalty petitions dismissed
The Secretary sought individual civil penalties against Raymond P. Ernst and Scott Bandkau for alleged Mine Act violations by their employer, Lyon Sand & Gravel. The Secretary filed the penalty petitions after the 45-day deadline and offered only general explanations about internal review and…
Roger Christensen and Jesse Martinez, employed by Georgia-Pacific Corporation
Late penalty petitions accepted
The Secretary filed section 110(c) civil penalty petitions against Roger Christensen and Jesse Martinez, employees of Georgia-Pacific at Gypsum Quarry No. 6. The petitions were filed 10 and 16 days late after a partial government shutdown delayed the Solicitor’s office. Chief Administrative Law…
Hobert Vernon Gentry, employed by Gentry Brothers Trucking Co., Inc.
Individual liability affirmed and $7,500 penalty assessed
Hobert Vernon Gentry personally directed a small coal-hauling contractor that operated at the West Volunteer Mine. The judge found that Gentry knew a truck had defective brakes, failed to record the defects, and kept the truck in service while awaiting brake parts. During a later haul, the truck's…
James Lee Hancock, employed by Pittsburgh & Midway Coal Company
Motion to dismiss denied and penalty filing accepted
James Lee Hancock, an employee of Pittsburgh and Midway Coal Company at the Cimmarron Mine, asked the judge to dismiss a personal civil-penalty case because the Secretary had taken too long to file the penalty petition. Judge Paul Merlin accepted the Secretary’s explanation for the filing delays…
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.