Secretary of Labor v. Superior Silica Sands, LLC

Plain-English summary

Superior Silica Sands filed a motion asking the Commission to reopen the case. The company later asked to withdraw that motion. The Commission granted the withdrawal request and dismissed the case. The short official release does not describe the underlying assessment, the reason reopening was initially sought, any cited safety standard, or the penalty amount.

Decision snapshot

• Cited authority: No specific Mine Act provision or safety standard identified in the release
• Outcome: The reopening motion was withdrawn, and the case was dismissed.
• Key point: The Commission ended the matter after the operator voluntarily withdrew its reopening request.

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.
SUPERIOR SILICA SANDS, LLC |
|
|
Docket No. CENT 2025-0337 A.C. No. 41-01126-611393
|

BEFORE: Rajkovich, Chair; Jordan, 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. (2024) (“Mine Act”). On August 4, 2025, the Commission received from Superior Silica Sands, LLC (“Superior Silica”) a motion to reopen the above-captioned case. Superior Silica thereafter requested to withdraw its motion.

We hereby grant Superior Silica’s motion to withdraw in Docket No. CENT 2025-0337. Accordingly, this case is dismissed.

/s/
Marco M. Rajkovich, Jr.

Marco M. Rajkovich, Jr., Chair

/s/ Mary Lu Jordan

Mary Lu Jordan, Commissioner

/s/ Timothy J. Baker

Timothy J. Baker, Commissioner

/s/ Moshe Z. Marvit

Moshe Z. Marvit, Commissioner

Distribution:

Michael Peelish, Esq.

Steptoe & Johnson PLLC

600 17th Street, Suite 2300

South Denver, CO 80202

[email protected]

Thomas A. Paige, Esq.

Office of the Solicitor

U.S. Department of Labor

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]

Acting Chief Administrative Law Judge Michael G. Young

Office of the Chief Administrative Law Judge

Federal Mine Safety and Health Review Commission

1331 Pennsylvania Avenue, NW Suite 520N

Washington, DC 20004-1710

[email protected]