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Mining Commission Failed to Apply Precedent in Denying Motion

Nov. 9, 2016, 10:26 PM

The mine safety review commission did not apply its internal processing rule consistently when it declined to reopen a citation and penalty mistakenly paid by a company, a federal appeals court ruled (Noranda Alumina, LLC v. Perez, 2016 BL 372447, 5th Cir., No. 16-60049, 11/8/16).

Writing for a unanimous panel of the U.S. Court of Appeals for the Fifth Circuit, Judge Edward C. Prado concluded that the Federal Mine Safety and Health Review Commission also failed to describe the factors it used to decide the motion to reopen filed by Noranda Alumina LLC.

The ...