Secretary of Labor v. Cactus Canyon Quarries, Inc.
Secretary of Labor v. Cactus Canyon Quarries, Inc. (FMSHRC CENT 2025-0180): Disciplinary briefing stayed
Apply this precedent to your situation
This is citable Commission precedent from 2025, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Plain-English summary
An administrative law judge referred a disciplinary matter involving counsel for Cactus Canyon Quarries from the related CENT 2023-0045 cases. The Commission opened a separate disciplinary docket, CENT 2025-0180. It then stayed further briefing on the disciplinary matter until a later Commission order. This order did not decide whether discipline was warranted.
Decision snapshot
- Cited authority: None stated in the order
- Outcome: Further briefing in the disciplinary proceeding was stayed.
- Key point: The Commission paused the separate counsel-discipline matter arising from the related penalty cases.
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
DISCIPLINARY
PROCEEDING
Docket
No. CENT 2025-0180
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”). A disciplinary proceeding referral was
initiated by the Commission Administrative Law Judge against counsel for Cactus
Canyon Quarries, Inc. (“Cactus Canyon”) in Docket No. CENT 2023-0045, et. al. The
disciplinary proceeding has been assigned the above-captioned docket number. Further
briefing on the disciplinary matter is stayed pending further order of the
Commission.
/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
Felix R. Marquez, Esq.
Office of the Solicitor
U.S. Department of Labor
525 Griffin Street, Suite 501
Dallas, TX 75202
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
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
Melanie
Garris
US
Department of Labor/MSHA
Office
of Assessments, Room N3454
200
Constitution Ave NW
Washington,
DC 20210
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
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
Get today's answer for your situation
You just read Commission precedent from 2025. Ezel checks whether it still stands, including any court review since, and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.