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          Cases on Review
          Cases Currently on Review Before the Commission
    Cases Currently on Review Before the Commission
 Date Updated
              01/30/2024

            Cases Currently on Review Before the Commission
**No.**
****
**Case Name**
**Docket No.**
**Date When Review was Granted**
****
**Description of the Case**
****1
**Thomas v. CalPortland Co.**
**WEST 2018-402-DM and WEST 2019-0205**
**1/10/22**
**Whether the Judge erred in ruling that the miner had established that the operator had discriminated against him under section 105(c)(3) of the Mine Act.**2
**American Soda, LLC formerly known as Solvay Chemicals, Inc.**
**WEST 2020-0278**
**12/14/21**
**Whether the Judge erred in concluding that the operator had failed to report an accident in a timely manner.**3
**Crimson Oak Grove Resources, LLC**
**SE 2021-0112, et al**
**3/2/22**
**Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the vacating of penalties.**4
**Knight Hawk Coal, LLC**
**LAKE 2021-0160**
**4/7/22**
**Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the removal of a “significant and substantial” designation.**5
**Consol PA Coal Co.**

**PENN 2021-0084**
**7/18/22**
**Whether the Judge erred in concluding that a missing keeper pin violated 30 C.F.R. § 75.1725(a), that the violation was S&S, and that the violation was caused by low negligence; and whether the Judge erred in concluding that the operator’s permissibility violation was S&S.**6
**County Line Stone Co.**

**YORK 2022-0003**
**8/5/22**
**Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the vacating of penalties.**7
**Greenbrier Minerals, LLC**
**WEVA 2022-0403**
**12/6/22**
**Whether the Secretary has unreviewable discretion to remove an S&S designation from a contested citation without the Commission’s approval under section 110(k) of the Mine Act.**8
**Bluestone Oil Corp.**
**WEVA 2022-0176, 2022-0350**
**12/7/22**
**Whether the Secretary has unreviewable discretion to remove an S&S designation from a contested citation without the Commission’s approval under section 110(k) of the Mine Act.**9
**Genesis Alkali, LLC**
**WEST 2022-0189, 2022-0267, 2022-0250**
**12/12/22**
**Whether the Judge abused her discretion in denying the Nov. 29, 2022, motions to approve settlement.**10
**Rulon Harper Constr., Inc.,**
**WEST 2022-0249, 2022-0250**
**12/15/22**
**(1) Whether the Judge abused her discretion in denying the motions to approve settlement.  (2) Whether the Secretary has unreviewable discretion to remove an S&S designation from a contested citation without the Commission’s approval under section 110(k) of the Mine Act.**11
**SOL obo Hargis v. Vulcan Constr. Materials, LLC**
**SE 2021-0163, 2022-0001, 2022-0013**
**1/9/23**
**(1) Whether the Judge erred in terminating economic temporary reinstatement on the date he issued the merits decision; (2) Whether the Judge erred in dismissing the Complainant’s discrimination case on the basis that there was no improper discriminatory motive; (3) Whether the Judge erred in finding that the operator failed to report an occupational injury, in violation of 30 C.F.R. § 50.20(a).**12
**Canyon Fuel Co. and Tanner, emp. by Canyon Fuel Co.**

**WEST 2021-188, et al.**
**06/30/23**
**(1) Whether the Judge erred in finding that the operator had violated 30 C.F.R. § 50.10(b), that the violation was S&S and caused by unwarrantable failure; (2) whether the Judge erred in finding Allred and Cooper individually liable under section 110(c) for the operator’s violation of section 50.10(b); (2) Whether the Judge erred in finding that the operator violated 30 C.F.R. § 75.202(a); (3) whether the Judge erred in holding that Order No. 8541991 was not duplicative of Citation No. 8541894.**13
**Cactus Canyon Quarries, Inc.**

**CENT 2022-0010**
**6/30/23**
**Whether a stone finishing plant constitutes a “mine” under section 3(h)(1)(c) of the Mine Act?**14
**Morton Salt, Inc.**

**CENT 2022-0176**
**8/2/23**
**Whether the Judge erred in concluding that violations of 30 C.F.R. §§ 57.3200 and 57.11053(c) were not significant and substantial.**15
**Morton Salt, Inc.**

**CENT 2023-0072, et al.**
**10/3/23**
**Whether the Judge erred in his dismissal of the operator’s contest proceeding as moot.**16
**Geneva Rock Products, Inc.**

**WEST 2022-0097**
**12/14/23**
**Whether the Judge abused his discretion when he ordered a stay of the case for an indefinite duration.**17
**Morton Salt, Inc.**

**CENT 2023-0120**
**12/29/23**
**Whether the Commission has authority to review the Secretary’s decision to issue a notice of pattern of violations.**18
**Matney v. Rockwell Mining, LLC**

**WEVA 2023-0126**
**1/17/24**
**Whether the Judge erred in sustaining a section 105(c)(3) complaint based on the operator’s alleged Part 90 violations.**
 
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