Mach Mining, LLC v. Secretary of Labor

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-3598
Decision Date: 
August 26, 2013
Federal District: 
Petition for Review, Order of Federal Mine Safety and Health Review Commission
Petition denied
Mine Safety and Health Administration was not either arbitrary or capricious in denying mine operator’s plan for ventilation of one of its panels of coal, even though ALJ refused to consider additional evidence regarding said plan that had not been presented to Administration’s District Manager during informal negotiations between District Manager and mine operator. Ct. found that instant denial was not subject to de novo review, as urged by mine operator, but rather is reviewable only under arbitrary and capricious standard. Moreover, mine operator did not allege that District Manager had failed to follow general regulations with respect to subject mine when denying proposed plan, and Ct. further held that there was sufficient evidence under arbitrary and capricious standard to sustain instant denial of proposed ventilation plan based on what was before District Manager.