703 F.3d 553
D.C. Cir.2012Background
- Black Beauty Coal Company operates the Air Quality No. 1 Mine, an underground bituminous coal mine in Indiana.
- MSHA inspector Franklin observed a burning coal odor at the one west B tail roller and found coal packed around the tail roller.
- The coal accumulation measured approximately 2' by 5' by 19' and the tail roller was in contact with coal, with burning odor present.
- Hammond contested the burning odor claim, testified the odor came from belt components, and noted detectors did not indicate combustion.
- Franklin issued a citation under 30 C.F.R. § 75.400, alleging accumulation of combustible material and high negligence; a proposed penalty followed.
- The ALJ found a § 75.400 violation, that it was unwarrantable, and that it constituted high negligence, leading to a $70,000 penalty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the accumulation violate §75.400? | Black Beauty: no accumulation; brief spill not an accumulation. | Secretary: yes, accumulation existed and posed hazard. | Yes, substantial evidence supports violation. |
| Whether the violation was an unwarrantable failure to comply? | Black Beauty argues no unwarrantable failure given efforts to address. | Secretary: past violations and lack of timely abatement show unwarrantable failure. | Yes, unwarrantable failure supported by factors including notice and history. |
| Whether the violation was high negligence? | Black Beauty contends no mitigating circumstances; reasonable steps were taken. | Secretary: duration, past violations, and failure to act show high negligence. | Yes, high negligence supported. |
Key Cases Cited
- Old Ben Coal Co. v. FMSHRC, 2 FMSHRC 2806 (1980) (accumulations prohibited; not permitted to accumulate)
- Old Ben Coal Co. v. FMSHRC, 1 FMSHRC 1954 (1979) (interpretation of accumulation; no tolerated delay)
- Utah Power & Light Co. v. Sec’y of Labor, 12 FMSHRC 965 (1990) (accumulation prohibited; not cleaned within time)
- Keystone Coal Mining Corp. v. Secretary of Labor, 151 F.3d 1096 (D.C. Cir. 1998) (standard of review and causation in penalties)
- Cyprus Emerald Resources Corp. v. Fed. Mine Safety & Health Review Comm’n, 195 F.3d 42 (D.C. Cir. 1999) (substantial evidence and unwarrantable behaviors)
- Jim Walter Resources, Inc. v. Sec’y of Labor, 103 F.3d 1020 (D.C. Cir. 1997) (unwarrantable failure factors and discretion)
- IO Coal Co. v. Secretary of Labor, 31 FMSHRC 1346 (2009) (enumerates unwarrantable failure factors)
- San Juan Coal Co. v. Secretary of Labor, 29 FMSHRC 125 (2007) (role of prior violations in unwarrantable analysis)
- Cyprus Plateau Mining Corp. v. Secretary of Labor, 16 FMSHRC 1610 (1994) (consideration of multiple factors for unwarrantable conduct)