Monterey Coal Co. v. Federal Mine Safety and Health Review Commission, No. 79-1827

CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)
Writing for the CourtBefore BUTZNER, RUSSELL and MURNAGHAN; BUTZNER
Citation635 F.2d 291
Parties1980 O.S.H.D. (CCH) P 24,938 MONTEREY COAL COMPANY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent. United Mine Workers of America, Intervenors. Secretary of Labor, Intervenor. Climax Molybdenum Co., Amicus Curiae. Association of Bituminous Contractors, Inc., Amicus Curiae. American Mining Congress, Amicus Curiae.
Docket NumberNo. 79-1827
Decision Date17 November 1980

Page 291

635 F.2d 291
1980 O.S.H.D. (CCH) P 24,938
MONTEREY COAL COMPANY, Petitioner,
v.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent.
United Mine Workers of America, Intervenors.
Secretary of Labor, Intervenor.
Climax Molybdenum Co., Amicus Curiae.
Association of Bituminous Contractors, Inc., Amicus Curiae.
American Mining Congress, Amicus Curiae.
No. 79-1827.
United States Court of Appeals,
Fourth Circuit.
Argued Oct. 8, 1980.
Decided Nov. 17, 1980.

Page 292

Timothy M. Biddle, Washington, D. C. (Thomas C. Means, Crowell & Moring, John F. Buergler, Washington, D. C., on brief), for petitioner Monterey Coal Co.

Judith N. Macaluso, U. S. Dept. of Labor, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Morell E. Mullins, Associate Sol., Cynthia L. Attwood, Appellate Litigation, Washington, D. C., on brief), for intervenor Secretary of Labor.

Harrison Combs, Mary Lu Jordan, Marilyn Townsend, Washington, D. C., on brief, for intervenor United Mine Workers of America.

W. Michael Hackett, Amax Inc. Law Dept., on brief, for amicus curiae Climax Molybdenum Co.

Henry Chajet, Washington, D. C., Michael F. Duffy, Washington, D. C., on brief, for amicus curiae American Mining Congress.

William H. Howe, Timothy J. Parsons, Loomis, Owen, Fellman & Howe, Washington, D. C., on brief, for amicus curiae Association of Bituminous Contractors, Inc.

Before BUTZNER, RUSSELL and MURNAGHAN, Circuit Judges.

BUTZNER, Circuit Judge:

This petition for review is from an order of the Federal Mine Safety and Health Review Commission reversing an administrative law judge's decision that the Mine Safety and Health Administration unjustifiedly cited Monterey Coal Company, a mine owner, instead of Frontier-Kemper Constructors, an independent contractor, for safety violations at a mine construction site. The Commission remanded the case to the administrative law judge for further proceedings to determine whether the alleged violations occurred.

Monterey petitioned under § 106(a)(1) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 816(a)(1) (1980 Supp.), for review of the Commission's decision. The Secretary of Labor moved to dismiss the petition on the ground that a remand order is not a reviewable final order. We conclude that the petition for review is premature and grant the motion to dismiss.

The Act grants "(a)ny person adversely affected or aggrieved by an order of the Commission" review in a court of appeals. 30 U.S.C. §...

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8 practice notes
  • Cobra Natural Res., LLC v. Fed. Mine Safety & Health Review Comm'n, No. 13–1406.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 27 Enero 2014
    ...we have recognized that only a [742 F.3d 86]final Commission order is entitled to review in this Court. See Monterey Coal Co. v. FMSHRC, 635 F.2d 291, 292–93 (4th Cir.1980); see also Bell v. New Jersey, 461 U.S. 773, 778–79, 103 S.Ct. 2187, 76 L.Ed.2d 312 (1983) (“The strong presumption is ......
  • Shawnee Coal Co. v. Andrus, No. 80-3220
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 5 Octubre 1981
    ...402 U.S. 935, 91 S.Ct. 1399, 28 L.Ed.2d 870 (1970). See also Monterey Coal Co. v. Federal Mine Safety and Health Review Commission, 635 F.2d 291, 293 (4th Cir. The decision of the district court is reversed and the case is remanded to the district court for vacation of the injunction entere......
  • Meredith v. Federal Mine Safety and Health Review Com'n, No. 98-1359
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 4 Junio 1999
    ...& Health Review Comm'n, 920 F.2d 738, 743-44 (11th Cir.1990); Monterey Coal Co. v. Federal Mine Safety & Health Review Comm'n, 635 F.2d 291, 292-93 (4th 2. The Collateral Order Doctrine Petitioners next contend that the Commission's order should be reviewable under the collateral or......
  • Cobra Natural Res., LLC v. Fed. Mine Safety & Health Review Comm'n, No. 13-1406
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 29 Enero 2014
    ...order," we have recognized that only a final Commission order is entitled to review in this Court. See Monterey Coal Co. v. FMSHRC, 635 F.2d 291, 292-93 (4th Cir. 1980); see also Bell v. New Jersey, 461 U.S. 773, 778-79 (1983) ("The strong presumption is that judicial review will ......
  • Request a trial to view additional results
8 cases
  • Cobra Natural Res., LLC v. Fed. Mine Safety & Health Review Comm'n, No. 13–1406.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 27 Enero 2014
    ...we have recognized that only a [742 F.3d 86]final Commission order is entitled to review in this Court. See Monterey Coal Co. v. FMSHRC, 635 F.2d 291, 292–93 (4th Cir.1980); see also Bell v. New Jersey, 461 U.S. 773, 778–79, 103 S.Ct. 2187, 76 L.Ed.2d 312 (1983) (“The strong presumption is ......
  • Shawnee Coal Co. v. Andrus, No. 80-3220
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 5 Octubre 1981
    ...402 U.S. 935, 91 S.Ct. 1399, 28 L.Ed.2d 870 (1970). See also Monterey Coal Co. v. Federal Mine Safety and Health Review Commission, 635 F.2d 291, 293 (4th Cir. The decision of the district court is reversed and the case is remanded to the district court for vacation of the injunction entere......
  • Meredith v. Federal Mine Safety and Health Review Com'n, No. 98-1359
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 4 Junio 1999
    ...& Health Review Comm'n, 920 F.2d 738, 743-44 (11th Cir.1990); Monterey Coal Co. v. Federal Mine Safety & Health Review Comm'n, 635 F.2d 291, 292-93 (4th 2. The Collateral Order Doctrine Petitioners next contend that the Commission's order should be reviewable under the collateral or......
  • Cobra Natural Res., LLC v. Fed. Mine Safety & Health Review Comm'n, No. 13-1406
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 29 Enero 2014
    ...order," we have recognized that only a final Commission order is entitled to review in this Court. See Monterey Coal Co. v. FMSHRC, 635 F.2d 291, 292-93 (4th Cir. 1980); see also Bell v. New Jersey, 461 U.S. 773, 778-79 (1983) ("The strong presumption is that judicial review will ......
  • Request a trial to view additional results

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