Secretary of Labor v. Pocahontas Coal Company LLC
Secretary of Labor v. Pocahontas Coal Company LLC (FMSHRC WEVA 2023-0092): Commission granted review and paused briefing
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This is citable Commission precedent from 2023, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Plain-English summary
The Secretary filed a petition asking the Commission to review an administrative law judge's ruling in the Pocahontas Coal proceeding. The Commission granted the petition for discretionary review. It did not decide the underlying dispute in this order. Instead, it held briefing in abeyance until the Commission issued a later order. The case therefore remained pending before the Commission.
Decision snapshot
- Cited authority: None stated in the order.
- Outcome: Discretionary review was granted, and briefing was held in abeyance.
- Key point: Granting review placed the case before the Commission but did not resolve the merits.
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.
POCAHONTAS
COAL COMPANY LLC,
:
:
:
:
:
:
:
:
Docket
No. WEVA 2023-0092
A.C.
No. 46-08878-565698
DIRECTION FOR
REVIEW AND ORDER
The
Petition for Discretionary Review filed by the Secretary of Labor on June 9,
2023 is GRANTED.
Briefing
on this matter is held in abeyance pending further order by the Commission.
/s/ Mary Lu Jordan
Mary
Lu Jordan, Chair
/s/
William I. Althen
William
I. Althen, Commissioner
/s/
Timothy J. Baker
Timothy
J. Baker, Commissioner
Distribution:
Emily Toler Scott,
Esq.
Counsel for
Appellate Litigation
U.S. Department of
Labor
Office of the
Solicitor
Division of Mine
Safety & Health
201 12th Street
South, Suite 401
Arlington,
VA 22202
Douglas W.
Johnson, CLR
U.S. Department of
Labor, MSHA
1293 Airport Road
Beaver, WV 25813
Jonathan R. Ellis,
Esq.
STEPTOE &
JOHNSON, PLLC
Chase Tower,
Seventeenth Floor
P.O. Box 1588
Charleston, WV
25326
Chief
Administrative Law Judge Glynn F. Voisin
Federal Mine
Safety Health Review Commission
Office of the
Chief Administrative Law Judge
1331 Pennsylvania
Avenue, NW Suite 520N
Washington, DC
20004-1710
Administrative Law
Judge Michael G. Young
Federal Mine
Safety and Health Review Commission
Office of the
Chief Administrative Law Judge
1331 Pennsylvania
Ave, NW, Suite 520N
Washington, DC 20004
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