Consol Pennsylvania Coal Co. v. Federal Mine Safety & Health Review Commission

OPINION *

SMITH, Chief Judge.

On April 1, 2014, a new slope hoist was commissioned into service at the Oak Springs Portal of the Enlow Fork Mine owned by Consol Pennsylvania Coal Com*167pany, LLC (Consol). On April 10, 2014, Jason Tungate, an inspector with the Mine Safety & Health Administration, conducted an inspection and thereafter issued three citations against Consol. Consol challenged these citations. See 30 U.S.C. § 815(d). After conducting a hearing, an Administrative Law Judge (ALJ) upheld the three citations. See 30 U.S.C. § 823(d)(1). The Federal Mine Safety and Health Review Commission…