U.S. Supreme Court Will Not Hear Case Addressing Standard of Review for MSHA’s Approval of Mining Ventilation Plans
Earlier today, the U.S. Supreme Court declined to review a Seventh Circuit holding that a decision of the Secretary of Labor to withhold approval of a coal mine’s ventilation plan is reviewable under an abuse of discretion standard. Underground coal mine operators must have ventilation plans approved by the Secretary of Labor (through the Mine Safety and Health Administration) under federal law. An Illinois mine operator sought administrative review of MSHA’s withholding of approval of such a plan and the ALJ determined that the MSHA district manager’s refusal to approve the plan was not arbitrary or capricious. The Federal Mine Safety and Health Commission agreed but the dissenting commissioners contended that a more plenary review was required in which the ALJ should determine by a preponderance of the evidence whether the operator’s proposed ventilation plan was suitable for the mine. The Seventh Circuit, recognizing that this issue had not been decided previously, concluded that the abuse of discretion standard was appropriate. The U.S. Supreme Court declined the opportunity to hear the case.
