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Appeals › Administrative Law Judge (ALJ) › Mine Safety and Health Administration (MSHA)

Conn Maciel Carey LLP

[Webinar] MSHA Mid-Year Review of Significant Decision Updates - August 19th, 10:00 am PT

Conn Maciel Carey LLP on

In this webinar, we will explore developments occurring midway through the first year of the Trump Administration. We will provide an overview of significant updates at MSHA related to leadership, rulemaking, and enforcement....more

Fisher Phillips

D.C. Circuit Court of Appeals Provides Little Guidance on MSHA 105(c) Interference Test

Fisher Phillips on

Section 105(c)(1) of the Federal Mine Safety and Health Act (“Mine Act”) provides “No person shall discharge or in any manner discriminate against . . . or otherwise interfere with the exercise of the statutory rights of any...more

Husch Blackwell LLP

Eight Circuit Pushes ALJ’s Reasoning Over The Highwall

Husch Blackwell LLP on

Here’s an all-too-familiar story with an all-too-uncommon ending. An MSHA inspector saw equipment positioned a certain way, assumed that someone had used it unsafely in that position, and issued a citation. A judge then...more

Stinson LLP

Administrative Law Judge Appointments Continue to be Found Unconstitutional

Stinson LLP on

On July 31, the Sixth Circuit Court of Appeals decided that administrative law judges (ALJs) within the Mine Safety and Health Administration (MSHA) are "inferior officers" and therefore subject to the Constitution's...more

Fisher Phillips

MSHA Citations Upheld by Administrative Law Judges Before April 3, 2018 May Be Invalid

Fisher Phillips on

Over the last few years, there has been debate regarding whether ALJs are “inferior officers” under the Appointments Clause of the Constitution. This provision provides that officers, including inferior officers, may only be...more

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