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Ezel / Agency Decisions / se-2020-0163-m-commission
FMSHRC Commission decision Docket SE 2020-0163 M Decided November 18, 2020 Remanded

Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC

Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC (FMSHRC SE 2020-0163-M): Unopposed reopening motion granted

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Currency note: this decision dates from 2020
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the Commission's own document.
Read the official release (fmshrc.gov)

Plain-English summary

Nyrstar Tennessee Mines asked the Commission to reopen a penalty assessment that had become final. The Secretary did not oppose the request. The Commission reopened the matter, remanded it for further proceedings, and directed the Secretary to file a penalty petition within 45 days.

Decision snapshot

  • Cited authority: 30 U.S.C. § 815(a); 30 C.F.R. § 2700.28
  • Outcome: The final assessment was reopened and the matter was remanded.
  • Key point: The Commission granted the operator's unopposed reopening motion without additional factual analysis.

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.

NYRSTAR
TENNESSEE MINES,

STRAWBERRY
PLAINS, LLC

:

:

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:

:

:

:

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Docket
No. SE 2020-0163-M

A.C.
No. 40-00168-508283

BEFORE: Rajkovich,
Chairman; Althen and Traynor, 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”). The Commission has received a motion from the
operator seeking to reopen a penalty assessment which had become a final order
of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 815(a).
The Secretary of Labor states that he does not oppose the motion.

Having reviewed movant’s unopposed
motion to reopen, we reopen this matter and remand it to the Chief
Administrative Law Judge for further proceedings pursuant to the Mine Act and
the Commission’s Procedural Rules, 29 C.F.R. Part 2700. Consistent with Rule
28, the Secretary shall file a petition for assessment of penalty within 45
days of the date of this order. See 29 C.F.R. § 2700.28.

/s/ Marco M. Rajkovich, Jr.

Marco
M. Rajkovich, Jr., Chairman

/s/
William I. Althen

William
I. Althen, Commissioner

/s/
Arthur R. Traynor, III

Arthur R. Traynor, III, Commissioner

Distribution (e-mail):

Donna
Vetrano Pryor, Esq.

Husch
Blackwell LLP

[email protected]

Emily
T. Scott, Esq.

Office
of the Solicitor

[email protected]

Chief
Administrative Law Judge Glynn F. Voisin

Federal
Mine Safety & Health Review Commission

[email protected]

Melanie
Garris

Office
of Civil Penalty Compliance

Mine
Safety and Health Administration

[email protected]

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