Peabody Midwest Mining, LLC v. Federal Mine Safety & Health Review Commission

ROVNER, Circuit Judge.

An inspector of the Mine Safety and Health Administration cited Black Beauty Coal Company (which since has changed its name to Peabody Midwest Mining, LLC) for violating a federal regulation requiring a protective mound, or “berm,” along “the outer bank of elevated roadways.” See 30 C.F.R. §§ 77.1605(k), 77.2(d). Black Beauty contested the cita tion before an Administrative Law Judge of the Federal Mine Safety and Health Review Commission, but the ALJ upheld the citation, and Black Beauty sought review by the Commission. The Commission remanded the case to the ALJ, who…