Welcome

Mine Safety Ruling Tossed as Judges Rely on Supreme Court Case

Aug. 1, 2018, 3:20 PM

The Sixth Circuit Court of Appeals invoked a recent U.S. Supreme Court ruling to invalidate a decision by a federal mine safety administrative law judge.

The case involved penalties against a Tennessee-based construction company over work done as part of a highway repair project. The Sixth Circuit’s opinion, issued July 31, said the Federal Mine Safety and Health Review Commission judge didn’t have authority to issue a decision upholding those penalties because the judge wasn’t appointed by the president, a court, or the head of a department.

The court cited as its rationale Lucia v. SEC, a ...

To read the full article log in. To learn more about a subscription click here.