Andrus v. Double "Q", Inc.

*9MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This case presents the question of whether the Federal Coal Mine Health and Safety Act of 1969 requires the District Court to review de novo, in an enforcement proceeding to collect civil penalties, the factual basis of the violations which resulted in the assessment of the penalties, in addition to a de novo review of the amount of those penalties.

The Secretary of the Interior, petitioner herein, represented in this Court by the Attorney General, maintains that the Act requires de novo review of the facts constituting the violations.1

Similarly, the…