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Power Fuels, LLC v. Federal Mine Safety & Health Review Comm'n

ELR Citation: 45 ELR 20024
Nos. 14-1450, (4th Cir., 01/27/2015)

The Fourth Circuit held that a Virginia facility that stores and blends coal for a nearby power plant is subject to the Mine Safety and Health Administration's (MSHA's) jurisdiction under the Federal Mine Safety and Health Act of 1977. The Mine Act covers operators of a "coal or other mine," including facilities engaged in the "work of preparing coal." The facility challenged the Secretary of Labor's assignment of jurisdiction to MSHA, rather than to the nonspecialized OSHA, after it was assessed penalties for Mine Act workplace violations. But because the Mine Act covers the kind of activity performed by the facility, MSHA's assertion of jurisdiction was proper. The court therefore denied the facility's petition for review.