Legal Opinion

Plateau Mining Corp. v. Federal Mine Safety & Health Review Commission

Court of Appeals for the Tenth Circuit

Decided March 17, 2008No. 06-9582PublishedCited by 14 opinions

1Opinion of the Court

HARTZ, Circuit Judge.

This appeal arises out of a citation issued to Plateau Mining Corporation after a fatal methane explosion at its Willow Creek Mine on July 31, 2000. The citation, issued by the Mine Safety and Health Administration (MSHA), alleged that the accident was the result of a deficient mine-ventilation system. An administrative law judge (ALJ) affirmed the citation, though not on the primary theory of liability advanced by MSHA. On review, the commissioners of the Federal Mine Safety and Health Review Commission (the Commission) split evenly, with the effect of allowing the…

2Cases cited7 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Auer v. RobbinsSupreme Court of the United States · 1997
  3. Gonzales v. OregonSupreme Court of the United States · 2006
  4. Zoltanski v. Federal Aviation AdministrationCourt of Appeals for the Tenth Circuit · 2004
  5. Olson v. Federal Mine Safety & Health Review CommissionCourt of Appeals for the Tenth Circuit · 2004

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Miami Tribe of Oklahoma v. United StatesCourt of Appeals for the Tenth Circuit · 2011
  2. Peabody Twentymile Mining v. Secretary of LaborCourt of Appeals for the Tenth Circuit · 2019
  3. Mainline Rock & Ballast, Inc. v. Secretary of LaborCourt of Appeals for the Tenth Circuit · 2012
  4. Bussen Quarries v. Alexander AcostaCourt of Appeals for the Eighth Circuit · 2018
  5. Rushton v. SMC Electrical Products, Inc. (In re C.W. Mining Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2013

9 more not listed; retrieve them via the Exa API.

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