Summary
The D.C. Circuit dismissed the Secretary of Labor’s petition for review of a Federal Mine Safety and Health Review Commission order that reopened a final civil penalty assessment against an independent contractor. The court held that the Commission’s order remanding the case for further proceedings was nonfinal and did not satisfy the requirements of the collateral order doctrine for interlocutory appellate review. Consequently, the court lacked jurisdiction to hear the appeal at this stage.
Topics
Practice areas
Questions Presented
- Whether the Commission’s order reopening a final penalty assessment is an appealable collateral order.
Holdings
- The Commission’s order is not an appealable collateral order and the petition is dismissed for lack of jurisdiction.
Key quotations
“We hold the Commission’s order is not an appealable collateral order and therefore dismiss the Secretary’s petition for lack of jurisdiction.” (at 1)
Factual background
In August 2022 a bin of phosphate rock collapsed at the Lee Creek Mine injuring three miners. MSHA issued a citation to Industrial Turnaround Corporation (ITAC) and later mailed a proposed penalty to ITAC’s outdated address of record, which became final after 30 days because ITAC did not contest it. ITAC later moved to reopen the penalty, citing excusable neglect under FRCP 60(b), and the Commission granted the motion.
Procedural history
The Commission reopened a final penalty assessment after the operator failed to contest the notice; the Secretary appealed the reopening order to the D.C. Circuit.