688 F.3d 507
8th Cir.2012Background
- Pattison Sand Company operates a sandstone mine in Clayton, Iowa; MSHA issued a § 103(k) order prohibiting activity in most of the underground mine after a November 7 roof fall.
- Pattison had previously agreed to a ground-control plan in October 2011 requiring scaling and bolting/meshing, as part of a settlement.
- An underground roof fall on November 7, 2011 prompted MSHA to issue a § 103(k) order deeming the area unsafe and requiring exploration before resuming mining.
- MSHA later modified the order to permit equipment retrieval and limited entry for 20 hours by Pattison personnel to assess ground conditions.
- Pattison challenged the order before the Commission; the ALJ upheld the order and denied modification authority; Pattison sought district-court relief, which was denied; this appeal ensued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 103(k) order review is arbitrary and capricious or reasonable. | Pattison argues for reasonable review as to scope. | MSHA argues APA arbitrary-and-capricious standard applies. | Arbitrary-and-capricious standard applies. |
| Whether the roof fall constitutes an accident under § 813(k). | Roof fall not listed as an accident and caused no injury. | Accident includes events similar to listed items or with potential to cause harm. | Roof fall qualifies as an accident for § 103(k) purposes. |
| Whether the Commission has authority to modify § 103(k) orders. | Modification authority not granted; ALJ erred in denying. | Commission may modify under its review powers; Chenery does not apply in this context. | Commission has power to modify § 103(k) orders; remand to Commission for modification. |
| Whether the district court had jurisdiction to consider Pattison's emergency TRO/PI. | District court should hear injunctive relief claims. | Jurisdiction limited to Secretary-led relief; claims precluded. | District court lacked jurisdiction; dismissal affirmed. |
Key Cases Cited
- Aluminum Co. of Am. v. Sec’y of Labor, 15 FMSHRC 1821 (Ninth? (1993)) (definition of accident extends beyond enumerated items; broad remedial scope)
- American Coal Co. v. U.S. Dep’t of Labor, 639 F.2d 659 (10th Cir. 1981) (Commission review authority informed by legislative history)
- Sec’y of Labor v. Excel Mining, LLC, 334 F.3d 1 (D.C. Cir. 2003) (administrative deference in interpretive context; Chevron framework)
- Martin v. OSHRC, 499 U.S. 144 (1981) (agency litigating position not entitled to deference on appeal)
- Thunder Basin Coal Co. v. Reich, 510 U.S. 200 (1994) (district court jurisdiction for collateral challenges to agency review)