Wednesday, August 5, 2015

The American Coal Company v. MSHR

<> The American Coal Company v. MSHR - 7/31/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-1206. Mine Safety and Health Administration observed patches of smoldering, smoking coal without visible flames and issued a citation. American Coal argues that the citation and fine should be vacated because a "fire," for purposes of the Mine Act, exists only when there are visible flames.
     The Panel ruled: " The statutory term 'fire' is ambiguous, the Secretary of Labor reasonably determined that the term does not require the presence of flames, and substantial evidence supports the conclusion that the smoldering patches on American Coal's stockpile satisfied the Secretary's interpretation of a 'fire.'"