Secretary of Labor v. Knight Hawk Coal, LLC

Plain-English summary

A judge denied a proposed settlement because the Secretary did not provide enough information to support removing a significant and substantial designation. The judge certified the denial for interlocutory review. The Commission granted review to decide whether the Secretary has unreviewable discretion to remove that designation without Commission approval under section 110(k) of the Mine Act. It ordered the Secretary to file an opening brief within 30 days and allowed the operator 30 days after that filing to submit its own brief.

Decision snapshot

• Cited authority: 30 U.S.C. § 820(k); 29 C.F.R. § 2700.76(a)
• Outcome: Interlocutory review was granted on the Secretary's authority to remove a significant and substantial designation in settlement.
• Key point: The Commission agreed to decide whether section 110(k) permits review of an unsupported proposal to remove a significant and substantial designation.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION

1331 PENNSYLVANIA
AVENUE, NW, SUITE 520N

WASHINGTON, D.C. 20004-1710

SECRETARY
OF LABOR,                              :

MINE
SAFETY AND HEALTH                      :

ADMINISTRATION
(MSHA)                         :       

:

v.
                                               :          Docket No. LAKE 2021-0160

:          A.C. No. 11-03147-536309

:

:

:

KNIGHT
HAWK COAL, LLC                        
 :

BEFORE:  Traynor,
Chair; Althen and Rajkovich, Commissioners

ORDER

BY THE COMMISSION:

This
case arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §
801

et
seq. (2018) (“Mine Act”). These matters are before us upon the Judge’s January 21,
2022 certification of his order denying the Secretary’s motion to settle in the
above captioned case. See Commission Procedural Rule 76(a)(1)(i), 29
C.F.R. § 2700.76(a)(1)(i).

In this case, the Judge denied the motion because
he concluded that the Secretary had failed to provide sufficient information to
support the removal of a “significant and substantial” (“S&S”) designation.
The Judge held that his approval of the settlement would unfairly compromise
the public interest by conceding an important issue without reasonable
justification for doing so. He further held that factual support was required pursuant
to the Commission’s authority to approve settlements under section 110(k) of
the Mine Act. 30 U.S.C. § 820(k). [1]

Procedural Rule 76 provides that “the
Commission, by a majority vote . . . may grant interlocutory review upon a
determination that the Judge’s interlocutory ruling involves a controlling
question of law and that immediate review may materially advance the final
disposition of the proceeding.” 29 C.F.R. § 2700.76(a)(2). Rule 76 further
provides that “[i]nterlocutory review by the Commission shall not be a matter
of right but of the sound discretion of the Commission.” 29 C.F.R. §
2700.76(a).

Upon consideration of the Judge’s
certifications, we hereby grant review of the Judge’s orders denying the motion
and the issue of whether the Secretary has unreviewable discretion to remove an
S&S designation from a contested citation without the Commission’s approval
under section 110(k) of the Mine Act.

The Secretary’s opening brief shall be
filed within 30 days of the date of this order. If the operator wishes to file
a brief, it shall file that brief 30 days after the filing of the Secretary’s
brief.

/s/ Arthur R. Traynor, III

Arthur
R. Traynor, III, Chair

/s/
William I. Althen

William
I. Althen, Commissioner

/s/
Marco M. Rajkovich, Jr.

Marco M. Rajkovich, Jr., Commissioner

Distribution:

Alexandra
J. Gilewicz, Esq.

Office
of the Solicitor

U.S.
Department of Labor

201
12th Street South, Suite 401

Arlington,
VA 2220

[email protected]

John
Miklos

Director
of Health and Safety

Knight
Hawk Coal, LLC

500
Cutler-Trico Road

Perry,
IL 62272

[email protected]

Chief
Administrative Law Judge Glynn F. Voisin

Federal
Mine Safety & Health Review Commission

1331
Pennsylvania Avenue, NW, Suite 520N

Washington,
DC 20004-1710

[email protected]

Administrative
Law Judge Michael Young

Federal
Mine Safety & Health Review Commission

1331
Pennsylvania Avenue, NW, Suite 520N

Washington,
DC 20004-1710

[email protected]

John
M. McCracken, Esq.

Office
of the Solicitor

U.S.
Department of Labor

Mine
Safety and Health Division

201
12th Street South, Suite 401

Arlington,
VA 22202-5452

[email protected]

Emily
Toler Scott

Senior
Trial Attorney

Office
of the Solicitor

U.S.
Department of Labor

Mine
Safety and Health Division

201
12th Street South, Suite 401

Arlington,
VA 22202-5452

[email protected]  

April
Nelson, Esq.

Office
of the Solicitor

U.S.
Department of Labor

Mine
Safety and Health Division

201
12th Street South, Suite 401

Arlington,
VA 22202-5452

[email protected]

Melanie
Garris

U.S.
Department of Labor

Office
of Civil Penalty Compliance

Mine
Safety and Health Administration

201
12th Street South, Suite 401

Arlington,
VA 22202-5452

[email protected]

[1] In pertinent part,
30 U.S.C. § 820(k) provides, “No proposed penalty which has been contested
before the Commission under section 815(a) of this title shall be compromised,
mitigated, or settled except with the approval of the Commission.”