Plateau Mining Corp. v. Fed. Mine Safety & Health Review Comm’n, 10th Cir. Mar. 17, 2008
06-9582 Plateau Mining Corp. v. Fed. Mine Safety & Health Review Comm’n
Before HARTZ, O’BRIEN, and HOLMES, Circuit Judges.
HARTZ, Circuit Judge. This appeal arises out of a citation issued to Plateau Mining Corporation after a fatal methane explosion at its Willow Creek Mine on July 31, 2000. The citation, issued by the Mine Safety and Health Administration (MSHA), alleged that the accident was the result of a deficient mine-ventilation system. An administrative law judge (ALJ) affirmed the citation, though not on the primary theory of liability advanced by MSHA. On review, the commissioners of the Federal Mine Safety and Health Review Commission (the Commission) split evenly, with the effect of allowing the citation to stand. Exercising jurisdiction under 30 U.S.C. § 816(a)(1), we reverse the decision of the ALJ because substantial evidence does not support a finding that Plateau was on notice that its ventilation system was performing inadequately. … Plateau Mining Corp. v. Fed. Mine Safety & Health Review Comm’n.
