Cases Currently on Review Before the Commission
No. | Case Name Docket No. | Date When Review was Granted | Description of the Case
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1 | Northshore Mining Co., et al. LAKE 2017-224 | 3/25/19 | On cross-petitions, whether the Judge erred in concluding that findings of violations and unwarrantable failure were supported by substantial evidence; whether the Judge erred by requiring a higher negligence showing to establish the “reckless failure” component of a flagrant violation than is required to establish reckless disregard and unwarrantable failure.
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2 | Consol Pennsylvania Coal Co., LLC PENN 2018-169 | 11/19/19 | Whether the Judge erred in ruling that the operator’s walkaround rights under section 103(f) had not been violated.
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3 | Consol Pennsylvania Coal Co., LLC PENN 2019-008 | 2/6/20 | Whether the Judge erred in ruling that the operator had failed to adequately insulate and protect a power cable.
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4 | KC Transport, Inc. WEVA 2019-458 | 4/6/20 | Whether the Judge erred in ruling that two trucks were subject to Mine Act jurisdiction.
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5 | CalPortland Co. WEST 2019-205-M | 5/22/20 | Whether the penalty proceeding before the Judge should be dismissed.
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6 | Solar Sources Mining, LLC LAKE 2017-0099 | 6/26/20 | On remand, whether the Judge’s penalty assessment was erroneous.
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7 | Peabody Midwest Mining, LLC LAKE 2017-0450 | 9/17/20 | Whether the Commission erred by failing to assume the existence of an emergency in determining whether a violation of an emergency standard was “significant and substantial.” |