Speed Mining, Inc. v. Federal Mine Safety & Health Review Commission

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Senior Judge KISER joined.

OPINION

WILKINSON, Circuit Judge:

Speed Mining, Inc. (“SMI”), an owner-operator of a coal mine in West Virginia, petitions for review of a final decision of the Federal Mine Safety and Health Review Commission. SMI argues that it was wrongly cited for violations committed by an independent contractor it had engaged, because the Secretary of Labor lacks the authority to cite an owner-operator for an independent contractor’s violations. In the alternative, SMI contends that the…