Mine Safety Cases in Crosshairs if Agency Deference Overturned

Two pending mine safety cases stand to see an immediate impact from the US Supreme Court’s anticipated decision to overturn the practice of federal courts giving deference to agency interpretations of federal law.

KC Transport Inc. and GMS Mine Repair have each asked the justices to review federal appeals courts decisions that upheld US sanctions imposed by the US Mine Safety and Health Administration. In both cases, the companies are challenging MSHA’s interpretation of the Mine Safety and Health Act.

Zachary Byers, an associate with Ogletree Deakins, said Tuesday that if the Supreme Court agrees to hear either case ...