Mine Safety Review Panel ‘Clearly Ignored’ Facts, D.C. Cir. Says

A federal appeals court has excoriated a lower review panel for its decision to vacate an 11-year-old mine safety violation and told the panel to take a second look at whether to dismiss the citation.

“The simple point here is that there can be no reasoned decision-making when an agency relies on findings that are not supported by the record,” the US District Court of Appeals for the District of Columbia Circuit said in 3-0 order issued Friday.

At issue is the Federal Mine Safety and Health Review Commission’s May 9, 2022 split decision to dismiss a citation issued by ...