RAG Cumberland Resources LP v. Federal Mine Safety & Health Review Commission

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Petitioner RAG Cumberland Resources LP, the owner and operator of a coal mine, challenges an order issued against it pursuant to § 104(d)(2) of the Federal Mine Safety and Health Act of 1977 (the “Mine Act”), 30 U.S.C. § 814(d)(2). The Secretary of Labor issued the order after a federal mine inspector discovered that, for the second time in four months, the petitioner had violated a mandatory mine safety standard through conduct constituting more than ordinary negligence. RAG Cumberland does not deny that it committed…