Cobra Natural Resources, LLC v. Federal Mine Safety & Health Review Commission

I respectfully dissent because we have jurisdiction to consider Cobra’s petition for review. Therefore, I would decide this *93case on its merits and remand to the Commission for further proceedings.

I

The majority first addresses the collateral order doctrine to find a lack of jurisdiction for appellate review. However, under settled principles regarding administrative agency decisions, the Commission’s order is a final, reviewable order, which affords us jurisdiction to hear and decide the petition for review.

The Mine Act gives us jurisdiction to hear appeals from the Commission’s orders, so we…