Briefings

Analysis of FMSHRC decisions, federal register updates, and court rulings.

• Penalty Contest Reopening: When the Commission Will (and Won't) Forgive a Missed Deadline

  Secretary of Labor v. Wyo-Ben, Inc., WEST 2023-0320 (FMSHRC)

• Significant and Substantial Test: Commission Revisits Four Decades of S&S Jurisprudence, Signals Potential Return to Statutory Text

  Secretary of Labor v. Consol Pennsylvania Coal Co., PENN 2021-0084, (FMSHRC)

• MSHA Lowers Silica Exposure Limit to 50 µg/m³ for All Mines

  the "Silica Rule" Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection (RIN 1219-AB36) Currently under review in Sorptive Minerals v. MSHA, 21-1889 (8th Cir.)

• Settlement Authority: Commission May Review Citation Vacaturs When Part of Settlement Package

  the "Settlement Authority" case, reviewing Secretary of Labor's authority to settle disputes without approval from the FMSHRC Secretary of Labor v. Crimson Oak Grove Resources, 24-1294 (D.C. Cir.)

• Penalty Contest Deadlines: Commission Reopens Final Order Based on Good Faith Mistake in Document Processing

  Secretary of Labor v. Wyo-Ben, Inc., WEST 2023-0320 (FMSHRC)

• Penalty Contest Deadlines: Commission Denies Reopening After Five-Month Delay and Vague Explanations

  Secretary of Labor v. U.S. Aggregates, Inc., LAKE 2025-0315 (FMSHRC)

• On-Shift Examinations: Commission Requires Assessment of Fall Hazards From All Reasonably Necessary Vantage Points

  Secretary of Labor v. Nally & Hamilton Enterprises, Inc., KENT 2022-0079 - KENT 2022-0084 (FMSHRC)

• MSHA Approves ANSI Consensus Standards as Alternative Path for Electric Equipment Certification in Gassy Mines

  Testing, Evaluation, and Approval of Electric Motor-Driven Mine Equipment and Accessories (RIN RIN 1219-AB93)

• Contest Deadlines: Federal Holidays Extend Filing Period Even When Following Weekend

  Secretary of Labor v. Consol Pennsylvania Coal Company, LLC, PENN 2025-0041 (FMSHRC)

• MSHA Civil Penalties Increase 2.6% Under Annual Inflation Adjustment

  Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2025 (RIN 1290-AA50)