Western Fuels-Utah, Inc. v. Federal Mine Safety & Health Review Commission and the Secretary of Labor, Mine Safety & Health Administration

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Petitioner Western Fuels-Utah petitions for review of an order issued by respondent Federal Mine Safety and Health Review Commission requiring Western to pay a penalty pursuant to the Federal Mine Safety and Health Act of 1977 (the Mine Act). We deny the petition for review.

I. Facts

The facts are undisputed. On February 28, 1986, Austin Mullens, a miner, was killed in a mine operated by Western when an unsupported portion of the mine’s roof fell on him. A sufficient understanding of the facts of this case…