8th Cir. Appears Ready to Block Attack on Mine Safety Commission

Judges on the Eighth Circuit were skeptical of siding with a mine operator who invoked constitutional challenges against the independent agency that hears appeals to mine safety disputes.

MOSenecaManufacturer LLC claimed the Federal Mine Safety and Health Review Commission’s use of in-house judges violated the separation powers under the Constitution. The company asked the US Court of Appeals for the Eighth Circuit to throw out penalties it received from the Mine Safety and Health Administration over allegedly firing one of its workers for raising safety concerns.

The case represents the first major constitutional challenge raised against FMSHRC. It’s part of ...