Secretary of Labor, Mine Safety and Health Administration (MSHA) vs. Coal Mine Operator

Represented a coal mine operator in a MSHA civil penalty proceeding involving alleged non-compliant dust samples. The mine operator challenged MSHA’s gravity and negligence designations and the penalty assessments. Drafted a motion for summary decision on the mine operator’s behalf and the motion was granted, in part, by the ALJ. The ALJ reduced certain gravity and negligence designations associated with alleged respirable dust violations.