Cumberland Coal Resources, LP v. Federal Mine Safety & Health Review Commission

Opinion for the Court filed by Senior Circuit Judge SENTELLE.

SENTELLE, Senior Circuit Judge:

This case comes before us on a petition for review of the Federal Mine Safety and Health Review Commission’s determination that Cumberland - Coal Resources, LP’s failure to maintain adequate emergency lifelines in its mine’s escapeways was a significant and substantial violation of the Federal Mine Safety and Health Act of 1977 (“Mine Act”), 30 U.S.C. § 814(d)(1). Cumberland argues that the Commission applied the wrong standard when it reversed an administrative law judge’s (“ALJ’s”) determination that…