Sewell Coal Company v. Federal Mine Safety & Health Review Commission, Secretary of Labor

BUTZNER, Circuit Judge:

A federal mine inspector cited the Sewell Coal Company for two violations of safety standards. An administrative law judge vacated the citations because he concluded that compliance with the standards was impossible under the circumstances. On review of this decision, the Federal Mine Safety and Health Review Commission ac*1068cepted the administrative law judge’s factual findings but held that compliance had not been impossible.1 The administrative law judge then imposed a $1 penalty for each violation, and Sewell petitioned this court for relief. We affirm.2

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