Jim Walter Resources, Inc. v. Secretary of Labor, Mine Safety and Health Administration and Federal Mine Safety and Health Review Commission

Opinion for the court filed by Senior Circuit Judge BUCKLEY.

BUCKLEY, Senior Circuit Judge:

Petitioner Jim Walter Resources, Inc. seeks review of the Federal Mine Safety and Health Review Commission’s Decision and Order finding that Jim Walter violated the mandatory health standards established in 30 C.F.R. § 72.630(a) and that the violation constituted an “unwarrantable failure” to comply with the standards. We uphold the Commission’s determination that Jim Walter violated section 72.630(a) but reject its finding that the violation constituted an unwarrantable failure to comply with the…