Summary
The D.C. Circuit held that the definition of "mine" under 30 U.S.C. § 802(h)(1)(C) is ambiguous regarding whether equipment and facilities must be located at an extraction site or processing plant, and remanded for the Secretary of Labor to interpret the statute in light of its ambiguity. The court vacated the Federal Mine Safety and Health Review Commission's decision that limited subsection (C) to items at extraction sites, and also found that the Commission exceeded its jurisdiction by ruling on a party's "operator" status under § 802(d) without the issue being raised. The case addresses MSHA jurisdiction over independent contractors' off-site maintenance facilities and mobile equipment used in mining.
Holdings
- The court held that 30 U.S.C. § 802(h)(1)(C) is ambiguous, and the Secretary incorrectly treated it as unambiguous. Therefore, the court cannot defer to the Secretary's litigating position under Chevron. The court vacated the Commission's decision and remanded for the Secretary to interpret the statute recognizing its ambiguity.
- The court held that the Commission lacked jurisdiction to decide the 'operator' issue because it was not raised before the ALJ or included in the petition for discretionary review. The Commission exceeded its jurisdictional boundaries under 30 U.S.C. § 823(d)(2).
Questions Presented
- Whether the facility or the two trucks constituted a 'mine' under 30 U.S.C. § 802(h)(1)(C) of the Mine Act, such that MSHA had authority to cite KC Transport for violating safety regulation 30 C.F.R. § 77.404(c).
- Whether an independent contractor like KC Transport only qualifies as an 'operator' under 30 U.S.C. § 802(d) when actively working at a mine site.
Disposition
vacated_and_remanded
Cases Cited (21)
- Martin v. Occupational Safety & Health Rev. Comm'n, 499 U.S. 144 (1991)(cited)
- Excel Mining, LLC, 334 F.3d 1 (D.C. Cir. 2003)(cited)
- Sec'y of Lab. v. Nat'l Cement Co. of Cal., Inc. (National Cement I), 494 F.3d 1066 (D.C. Cir. 2007)(followed)
- Sec'y of Lab. v. Nat'l Cement Co. of Cal., Inc. (National Cement II), 573 F.3d 788 (D.C. Cir. 2009)(followed)
- Akzo Nobel Salt, Inc. v. FMSHRC, 212 F.3d 1301 (D.C. Cir. 2000)(cited)
- Donovan v. Carolina Stalite Co., 734 F.2d 1547 (D.C. Cir. 1984)(cited)
- Am. Coal Co. v. FMSHRC, 796 F.3d 18 (D.C. Cir. 2015)(cited)
- Maxxim Rebuild Co. v. FMSHRC, 848 F.3d 737 (6th Cir. 2017)(cited)
- Yates v. United States, 574 U.S. 528 (2015)(cited)
- Peter Pan Bus Lines, Inc. v. Fed. Motor Carrier Safety Admin., 471 F.3d 1350 (D.C. Cir. 2006)(cited)
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