Secretary of Labor v. Cactus Canyon Quarries, Inc.

Plain-English summary

The Commission had stayed briefing in these eleven consolidated civil-penalty dockets in October 2024. It lifted that stay and directed the parties to resume briefing under Commission Rule 75. The specified issue was whether the stone-finishing plant qualifies as a mine subject to MSHA jurisdiction under section 3(h)(1)(C) of the Mine Act. The order did not decide the jurisdictional question.

Decision snapshot

• Cited authority: 30 U.S.C. § 802(h)(1)(C); 29 C.F.R. § 2700.75
• Outcome: The briefing stay was lifted and jurisdictional briefing was ordered.
• Key point: Commission review resumed on whether the stone-finishing plant falls within the Mine Act's definition of a mine.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION

1331 PENNSYLVANIA AVE.,
N.W., SUITE 520N

WASHINGTON, DC
20004-1710

SECRETARY
OF LABOR

MINE SAFETY AND HEALTH   

ADMINISTRATION (MSHA),

v.

CACTUS
CANYON QUARRIES, INC.,

CIVIL
PENALTY PROCEEDING

Docket
Nos. CENT 2023-0045

CENT 2023-0046

CENT 2023-0047

CENT 2023-0048

CENT 2023-0049

CENT 2023-0050

CENT 2023-0051

CENT 2023-0052

CENT 2023-0053

CENT 2023-0054

CENT 2023-0089

BEFORE:
Jordan, Chair; Baker and Marvit, Commissioners

ORDER

BY THE COMMISSION:

This matter
arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et
seq. (2018) (“Mine Act” or “Act”). On October 9, 2024 the Commission issued a
stay order halting further briefing pending further order of the Commission.

This order is
hereby lifted. The parties shall file their briefs in accordance with the
briefing schedule requirements in 29 C.F.R. § 2700.75 on the issue of whether
the stone finishing plant in question constitutes a “mine” for purposes of MSHA
jurisdiction, under section 3(h)(1)(c) of the Act.

/s/
Mary Lu Jordan

Mary Lu Jordan, Chair

/s/ Timothy J. Baker

Timothy
J. Baker, Commissioner

/s/ Moshe Z. Marvit

Moshe
Z. Marvit, Commissioner

Distribution

Andy
Carson, Esq.

Cactus Canyon Quarries

7232 CR 120

Marble Falls, TX 78654

[email protected]

Felix R. Marquez, Esq.

Office of the Solicitor

U.S. Department of Labor

525 Griffin Street, Suite 501

Dallas, TX 75202

[email protected]

Jennifer A. Ledig, Esq.

Office of the Solicitor

U.S. Department of Labor

Division of Mine Safety &
Health

201 12th Street South, Suite
401

Arlington, VA 22202

[email protected]

Thomas
A. Paige, Esq.

Deputy
Associate Solicitor

US
Department of Labor

Office
of the Solicitor

Division
of Mine Safety and Health

200
Constitution Avenue NW, Suite N4428

Washington,
DC 20210

[email protected]

Melanie
Garris

US
Department of Labor/MSHA

Office
of Assessments, Room N3454

200
Constitution Ave NW

Washington,
DC 20210

[email protected]

Administrative
Law Judge Thomas P. McCarthy

Office
of the Chief Administrative Law Judge

Federal
Mine Safety Health Review Commission

1331 Pennsylvania Avenue, NW Suite 520N

Washington, DC 20004-1710

[email protected]

Chief
Administrative Law Judge Glynn F. Voisin

Office
of the Chief Administrative Law Judge

Federal Mine Safety Health Review Commission

1331 Pennsylvania Avenue, NW Suite 520N

Washington, DC 20004-1710

[email protected]