American Coal Co. v. Federal Mine Safety & Health Review Commission

GRIFFITH, Circuit Judge:

The American Coal Company was cited and fined for a from the Mine Safety and Health Administration observed patches of smoldering, smoking coal without visible flames. The Federal Mine Safety and Health Act of 1977 allows the issuance of safety orders and the imposition of citations and fines when a mine operator permits an “accident” to occur in its facility, including a “mine fire.” American Coal argues that the citation and fine should be vacated because a “fire,” for purposes of the Mine Act, exists only when there are visible flames. The company also contends that…