Mach Mining, LLC v. Secretary of Labor

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Mach Mining (“Mach”) petitions for review of the final order of the Federal Mine Safety and Health Review Commission concluding that two of Mach’s regulatory violations under the Mine Safety and Health Act were the result of “high negligence” and one violation was also “significant and substantial.” Mach contends these determinations were unwarranted in view of its efforts to mitigate the violations and the limited danger they posed. Because the factual findings underlying these determinations are supported by…