Secretary of Labor v. Ben's Creek Operations WV, LLC
Secretary of Labor v. Ben's Creek Operations WV, LLC (FMSHRC WEVA 2023-0530): Commission review withdrawn
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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
The Commission had granted the Secretary of Labor's petition for discretionary review of the judge's decision in April 2024. After further consideration, all three Commissioners concluded that review had been improvidently granted. The Commission vacated its direction for review. The short order gives no additional explanation of the issues or the reason for ending review.
Decision snapshot
- Cited authority: None stated in the order
- Outcome: The direction for discretionary review was vacated.
- Key point: The Commission ended review after deciding that granting the Secretary's petition had been improvident.
Full text (FMSHRC public release)
FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION
1331
PENNSYLVANIA AVE., N.W., SUITE 520N
WASHINGTON,
DC 20004-1710
April 25, 2025
SECRETARY
OF LABOR,
MINE
SAFETY AND HEALTH
ADMINISTRATION
(MSHA)
v.
BEN’S
CREEK OPERATIONS WV, LLC
:
:
:
:
:
:
:
:
Docket
No. WEVA 2023-0530
ORDER
On
April 16, 2024, the Commission issued a Direction for Review granting the Secretary
of Labor’s Petition for Discretionary Review of the Judge’s decision on the
captioned matter. Upon further consideration of the issues before the
Commission, we have determined that review was improvidently granted. Accordingly,
the Direction for Review is hereby VACATED.
/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:
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
Albert Grimmett,
Superintendent
Ben’s Creek
Operations WV, LLC
Surface Mine 1
109 Capitol
Street, Suite 1000
Charleston, WV 25301
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
Federal Mine Safety Health Review Commission
1331 Pennsylvania Avenue, NW Suite 520N
Washington, DC 20004-1710
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