Raising The Bar On Operator Enforcement Action Dismissals

Law360, New York (October 31, 2012, 1:26 PM EDT) -- The Federal Mine Safety and Health Review Commission has issued concurrent decisions regarding late-filed penalty petitions that will make it more difficult for operators to get enforcement actions dismissed because of the secretary’s late-filed petitions. The cases, Long Branch Energy and Webster County Coal LLC, both involved penalty petitions filed well beyond the 45-day period specified in the Mine Act.

Pursuant to the Review Commission’s 1981 decision in Salt Lake County Road Department, in situations involving motions to dismiss a case because of late-filed penalty petitions,...
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