DC Circ. Revives Arch Coal Unit's Mine-Safety Violation Fight

Law360, New York (March 19, 2013, 4:40 PM EDT) -- The D.C. Circuit on Tuesday breathed new life into an Arch Coal Inc. unit’s challenge of federal mine safety violations issued in 2010, saying regulators ignored their own precedent when they refused to reopen the civil penalty phase of the disciplinary process.

While Arch’s Lone Mountain Processing Inc. failed to contest the penalties proposed by the Mine Safety and Health Administration within a statutory 30-day window, the mine operator did timely contest the underlying citations imposed by the agency, according to the opinion. Yet the Federal...
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