Secretary of Labor v. CalPortland Company obo Grimes Rock, Inc.
Secretary of Labor v. CalPortland Company obo Grimes Rock, Inc. (FMSHRC WEST 2022-0334): Two appeals dismissed, one remained pending
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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
Grimes Rock obtained Commission review of several related dockets in August 2024. CalPortland later notified the Commission that it had become the mine's operator and moved unopposed to dismiss two of the reviewed cases. The Commission amended the caption, vacated review in WEST 2023-0015 and WEST 2023-0016, and dismissed those appeals. It noted that other related dockets had previously been dismissed by the judge and that WEST 2022-0334 remained pending because it was not included in the motion.
Decision snapshot
- Cited authority: None stated in the order
- Outcome: Appeals in WEST 2023-0015 and WEST 2023-0016 were dismissed, while WEST 2022-0334 remained pending.
- Key point: A voluntary dismissal ended review for only the dockets named in the motion.
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.
CALPORTLAND
COMPANY
on
behalf of GRIMES ROCK, INC.
Docket
Nos. WEST 2022-0334
WEST 2023-0015
WEST 2023-0016
BEFORE:
Jordan, Chair; Baker and Marvit, Commissioners
ORDER
BY:
THE COMMISSION
On August 22, 2024, Grimes Rock,
Inc. (“Grimes Rock”) filed a petition for discretionary review of the
above-captioned dockets, which the Commission granted.
On
March 14, 2025, CalPortland Company (“CalPortland”) filed a Notice of Operator
Change informing the Commission that the facility operating under Mine ID
04-05432 is now operated by CalPortland and that moving forward the respondent
in the instant matter will list the current operator as “CalPortland on behalf
of Grimes Rock, Inc.”
In light of the operator’s submission, we
hereby amend the caption to reflect the change in operator.
On March 14, 2025, CalPortland on
behalf of Grimes Rock also filed an unopposed motion to dismiss Docket Nos.
WEST 2023-0015, WEST 2023-0016, and WEST 2022-0333. Upon consideration of Grimes
Rock’s motion, the Commission’s direction granting review of Docket Nos. WEST
2023-0015 and WEST 2023-0016, is hereby VACATED and the operator’s appeal is
DISMISSED.
With regard to Docket No. WEST
2022-0333, this case, along with Docket No. WEST 2022-0335, was previously
dismissed by the assigned Administrative Law Judge on July 24, 2023.
Docket No. WEST 2022-0334, which
was not included in the operator’s motion to dismiss, remains pending before
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
Kenneth H. Moss, Esq.
Pachowicz & Goldenring PLC
6050 Seahawk Street
Ventura, CA 93003
Tina Amoke
Pachowicz & Goldenring PLC
6050 Seahawk Street
Ventura, CA 93003
Mark R. Pachowicz, Esq.
Pachowicz & Goldenring PLC
6050 Seahawk Street
Ventura, CA 93003
Ryan M. Kooi, Esq.
US Department of Labor
Office of the Solicitor
Division of Mine Safety and
Health
200 Constitution Avenue NW,
Suite N4428
Washington, DC 20210
Alexandra J. Gilewicz, Esq.
Office of the Solicitor
U.S. Department of Labor
200 Constitution Ave. NW
Washington, DC 20210
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
Emily O. Roberts, Esq.
Division of Mine Safety and
Health
Office of the Solicitor
200 Constitution Avenue NW
Suite N4420 – N4430
Washington, DC 20210
Melanie Garris
US Department of Labor/MSHA
Office of Assessments, Room
N3454
200 Constitution Ave NW
Washington, DC 20210
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
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