Noranda Alumina, L.L.C. v. Fed Mine Sfty & Hlth Re

EDWARD C. PRADO, Circuit Judge:

This is a petition for review of an order of the Federal Mine Safety & Health Review ■ Commission (“FMSHRC” or “the Commission”) denying a motion to reopen. Because the Commission applied its precedents arbitrarily in denying this motion to reopen, we GRANT the petition for review and REMAND for further proceedings.

I. BACKGROUND

Noranda Alumina, LLC (“Noranda”) operates an alumina refinery near Gramercy, Louisiana. In March or April 2014, a contractor detected mercury in one part of the Gramercy facility. That same month the Mine Safety and Health Administration…