Consol Buchanan Mining Company, LLC v. Secretary of Labor

Petition for review denied by published opinion. Judge WYNN wrote the opinion, in which Judge WILKINSON and Judge DUNCAN joined.

WYNN, Circuit Judge:

Following a fatal accident in a coal mine operated by Consol Buchanan Mining Co. (“Consol”), the Federal Mine Safety and Health Review Commission (the “Commission”) determined that the accident resulted from Consol’s “unwarrantable failure” to ensure that certain equipment in the mine was maintained in a safe,- working condition. Seeking review by this Court, Consol argues that it lacked- notice that hazardous conditions in- the mine violated…