{"data":[{"actionNumbers":["9704127","9704128","9704220"],"authority":"Appellate Commission decision or order","authorityNote":"Commission decisions carry appellate authority; verify later court history and the official file.","contentSha256":"7d594295a161988c0c00e5c3b1a398fb86e849777d643648a7939d35e9abd952","dispositionSignals":["affirmed","modified","settled","penalty assessed"],"dockets":[""],"documentKind":"Decision","excerpt":"Commission Decision (Peabody Southeast Mining LLC) SE 2023-0020 et al (002) FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1331 PENNSYLVANIA AVE., N.W., SUITE 520N WASHINGTON, DC 20004-1710 August 17, 2026 SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA) v. PEABODY SOUTHEAST MINING, LLC Docket Nos. SE 2023-0020 SE 2023-0060 BEFORE: Rajkovich, Chair; Jordan and Baker, Commissioners DECISION BY THE COMMISSION: These proceedings, arising under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (2024) (“Mine Act” or “Act”), involve three orders issued to Peabody Southeast Mining, LLC (“Peabody”) by the Department of Labor’s Mine Safety and Health Administration (“MSHA”).1 On…","fullTextParsed":true,"htmlUrl":"https://www.fmshrc.gov/sites/default/files/decisions/commission/Commission%20Decision%20%28Peabody%20Southeast%20Mining%20LLC%29%20SE%202023-0020%20et%20al%20%28002%29.html","id":"2f1fdf935ea07a87","issueSignals":["significant and substantial","unwarrantable failure","high negligence"],"level":"commission","levelLabel":"Review Commission","mineIds":[],"parseError":null,"pdfUrl":"https://www.fmshrc.gov/sites/default/files/decisions/commission/Commission%20Decision%20%28Peabody%20Southeast%20Mining%20LLC%29%20SE%202023-0020%2C%20et%20al.pdf","published":"2026-08-17","sourceUrl":"https://www.fmshrc.gov/decisions/commission/08172026/secretary-labor-v-peabody-southeast-mining-llc","standards":["75.202","75.360","75.400"],"standardsWithParagraphs":["75.202(a)","75.360(b)","75.400"],"textRepresentation":"html","title":"SECRETARY OF LABOR v. PEABODY SOUTHEAST MINING, LLC","matchScore":158,"matchReasons":["same standard: 75.400"]},{"actionNumbers":["9704796","9704803"],"authority":"Appellate Commission decision or order","authorityNote":"Commission decisions carry appellate authority; verify later court history and the official file.","contentSha256":"70788d0143b7c276b13e8a6093782a928dcdcac3225b52cf7eab7d1ac4ea9b56","dispositionSignals":["affirmed","modified","settled"],"dockets":["SE 2023-0065","SE 2023-0102"],"documentKind":"Decision","excerpt":"this proceeding. Peabody emphasizes that the Judge found those earlier efforts to be a mitigating factor with respect to Order No. 9704803 but fails to acknowledge that the Judge still attributed that order to an unwarrantable failure given the extensiveness, obviousness, duration, and degree of danger posed by the violative condition. 47 FMSHRC at 498. For the order at hand, the Judge similarly found that the violative condition was extensive, obvious, of aggravated duration, and posed a high degree of danger. He also found that the operator had been placed on notice of its need to comply with the cited standard, unlike Order No. 9704803. Even if abatement were to be changed from a neutral to a mitigating…","fullTextParsed":true,"htmlUrl":"https://www.fmshrc.gov/sites/default/files/decisions/commission/Commission%20Decision%20%28Peabody%20Southeast%20Mining%20LLC%29%20SE%202023-0065%20et%20al%20%28002%29.html","id":"acb22cd6de9285dd","issueSignals":["significant and substantial","unwarrantable failure","high negligence"],"level":"commission","levelLabel":"Review Commission","mineIds":[],"parseError":null,"pdfUrl":"https://www.fmshrc.gov/sites/default/files/decisions/commission/Commission%20Decision%20%28Peabody%20Southeast%20Mining%20LLC%29%20SE%202023-0065%2C%20et%20al.pdf","published":"2026-08-17","sourceUrl":"https://www.fmshrc.gov/decisions/commission/08172026/secretary-labor-v-peabody-southeast-mining-llc-0","standards":["75.400","75.363"],"standardsWithParagraphs":["75.400","75.363(a)"],"textRepresentation":"html","title":"SECRETARY OF LABOR v. PEABODY SOUTHEAST MINING, LLC","matchScore":158,"matchReasons":["same standard: 75.400"]},{"actionNumbers":["8059209","8059212"],"authority":"Appellate Commission decision or order","authorityNote":"Commission decisions carry appellate authority; verify later court history and the official file.","contentSha256":"7a81ef0effb0f399d448e2e691e27bf64dc15b40018555483358af03486f7aef","dispositionSignals":["reinstated"],"dockets":["WEVA 2015-0509","WEVA 2015-0632"],"documentKind":"Decision","excerpt":"FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1331 PENNSYLVANIA AVENUE, NW, SUITE 520N WASHINGTON, D.C. 20004-1710 SECRETARY OF LABOR, : MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA) : : Docket Nos. WEVA 2015-0509 v. : WEVA 2015-0632 : THE MONONGALIA COUNTY : COAL COMPANY : BEFORE: Rajkovich, Chairman; Jordan, Young, Althen, and Traynor, Commissioners ORDER BY THE COMMISSION: These civil penalty proceedings arise under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (2018) (“Mine Act” or “Act”), and involve two orders which the Department of Labor’s Mine Safety and Health Administration issued to what is now the Monongalia County Coal Company (“MCCC”).[1] We granted the Secretary of…","fullTextParsed":true,"htmlUrl":"https://www.fmshrc.gov/sites/default/files/decisions/commission/COMMo_8212020-WEVA%202015-0509%2C%20et%20al.htm","id":"b5f834af99b7c3dd","issueSignals":["unwarrantable failure"],"level":"commission","levelLabel":"Review Commission","mineIds":[],"parseError":null,"pdfUrl":"https://www.fmshrc.gov/sites/default/files/decisions/commission/COMMo_8212020-WEVA%202015-0509%2C%20et%20al.pdf","published":"2020-08-21","sourceUrl":"https://www.fmshrc.gov/decisions/commission/08212020/secretary-labor-v-monongalia-county-coal-company","standards":["75.400","75.360","75.362"],"standardsWithParagraphs":["75.400","75.360(a)(1)","75.362(a)(3)(iii)"],"textRepresentation":"html","title":"Secretary of Labor v. The Monongalia County Coal Company","matchScore":152,"matchReasons":["same standard: 75.400"]},{"actionNumbers":["9704127","9704128","9704220","9704222"],"authority":"Trial-level ALJ decision or order","authorityNote":"ALJ matters are trial-level and generally nonprecedential unless reviewed; use as factual pattern context only.","contentSha256":"fe29487cbd42de054c35d6c00dc5d439a0b203636f577f0eab677f7427a40c7a","dispositionSignals":["affirmed","modified","dismissed","settled"],"dockets":["SE 2023-0020","SE 2023-0060"],"documentKind":"Decision","excerpt":"this proceeding, Peabody was the operator of the Shoal Creek Mine, mine ID number 01-02901 as the term operator is defined under section 3(d) of the Mine Act, 30 U.S.C. § 802(d). Tr. I, 8. 2. Shoal Creek is a mine as defined under section 3(h) of the Mine Act, 30 U.S.C. § 802(h). Tr. I, 9. 3. At all times relevant to this proceeding, products of the Shoal Creek Mine entered commerce, or the operations or products thereof affected commerce within the meaning and scope of section 4 of the Mine Act, 30 U.S.C. § 803. Tr. I, 9. 4. A copy of the citations at issue were served on Peabody by an authorized representative of the Secretary. Tr. I, 9. 5. Peabody timely contested the citations. Tr. I, 9. 6. Payment of the…","fullTextParsed":true,"htmlUrl":"https://www.fmshrc.gov/sites/default/files/decisions/alj/ALJd_6262025-SE%202023-0020%2C%20et%20al%20%28corrected%29.htm","id":"1debf91cf6593c3a","issueSignals":["significant and substantial","unwarrantable failure","high negligence","fair notice"],"level":"alj","levelLabel":"Administrative Law Judge","mineIds":["0102901"],"parseError":null,"pdfUrl":"https://www.fmshrc.gov/sites/default/files/decisions/alj/ALJd_6262025-SE%202023-0020%2C%20et%20al.pdf","published":"2025-06-26","sourceUrl":"https://www.fmshrc.gov/decisions/alj/06262025/secretary-labor-v-peabody-southeast-mining-llc-0","standards":["75.202","75.360","75.02","100.3","75.400","100.5","100.4","75.200","75.220","56.18002"],"standardsWithParagraphs":["75.202(a)","75.360(b)","75.360(a)(1)","75.360(b)(11)(i)","75.02(a)","100.3(d)","100.3","75.400","100.5(a)","100.5(b)","100.4(b)","75.200","75.220","56.18002(a)","56.18002"],"textRepresentation":"html","title":"Secretary of Labor v. Peabody Southeast Mining, LLC","matchScore":139,"matchReasons":["same standard: 75.400"]},{"actionNumbers":["9704796","9704803","9212662","9212660"],"authority":"Trial-level ALJ decision or order","authorityNote":"ALJ matters are trial-level and generally nonprecedential unless reviewed; use as factual pattern context only.","contentSha256":"7c7ff9a6c91ae71513fd53546c0fbed8a74bb2099fc78f5b6f45274df27f1848","dispositionSignals":["modified","dismissed","settled"],"dockets":["SE 2023-0065","SE 2023-0102"],"documentKind":"Decision","excerpt":"This case is subject to the jurisdiction of the Federal Mine Safety and Health Review Commission (“Commission”) and its designated Administrative Law Judges (“ALJs”) pursuant to sections 105 and 113 of the Mine Act, 30 U.S.C. § 801 et seq. 5. The individual whose name appears in Block 22 of the Orders in contest was acting in an official capacity and as an authorized representative of the Secretary of Labor when the Orders were issued. 6. The Orders at issue, as well as any modifications, were properly served by a duly authorized representative of the Secretary of Labor, through MSHA, upon an agent of Respondent on the date and place stated therein. 7. The Orders contained in “Exhibit A” attached to the…","fullTextParsed":true,"htmlUrl":"https://www.fmshrc.gov/sites/default/files/decisions/alj/ALJd_6262025-SE%202023-0065%2C%20et%20al.htm","id":"2702bd1044540f9e","issueSignals":["significant and substantial","unwarrantable failure","high negligence","imminent danger"],"level":"alj","levelLabel":"Administrative Law Judge","mineIds":[],"parseError":null,"pdfUrl":"https://www.fmshrc.gov/sites/default/files/decisions/alj/ALJd_6262025-SE%202023-0065%2C%20et%20al.pdf","published":"2025-06-26","sourceUrl":"https://www.fmshrc.gov/decisions/alj/06262025/secretary-labor-v-peabody-southeast-mining-llc","standards":["75.400","100.3","75.360","75.363","100.5"],"standardsWithParagraphs":["75.400","100.3(d)","100.3","75.360","75.363(a)","75.360(b)","100.5(a)","100.5(b)"],"textRepresentation":"html","title":"Secretary of Labor v. Peabody Southeast Mining, LLC","matchScore":139,"matchReasons":["same standard: 75.400"]},{"actionNumbers":["9257780","9253174","9253300","92457810","9257810"],"authority":"Trial-level ALJ decision or order","authorityNote":"ALJ matters are trial-level and generally nonprecedential unless reviewed; use as factual pattern context only.","contentSha256":"4dc83afe3eeb3353e1b3ff8d357598fc97e553d9e6ebdde83d3a34e34b202984","dispositionSignals":["modified","settled","penalty assessed"],"dockets":["PENN 2022-0084"],"documentKind":"Decision","excerpt":"This case is before the Court upon a petition for assessment of a civil penalty under section 105(d) of the Federal Mine Safety and Health Act of 1977. Two section 104(d)(2) orders are involved, both of which were specially assessed. The Secretary has filed the Motion to Approve Settlement of the orders. As set forth in the table below, the Motion seeks to reduce the penalties, resulting in an overall reduction of $31,862.00 for this docket. The parties move to reduce the penalty assessed for the orders, as stated below. Order MSHA’s Proposed Penalty Settlement Amount Other modifications to order 9257780 $21,100.00 $14,172.00 Penalty reduction of 33% 9257810 $59,100.00 $34,166.00 Penalty reduction of 42% Total…","fullTextParsed":true,"htmlUrl":"https://www.fmshrc.gov/sites/default/files/decisions/alj/ALJd_1172023-PENN%202022-0084.htm","id":"034248a50b411658","issueSignals":["significant and substantial","unwarrantable failure","high negligence"],"level":"alj","levelLabel":"Administrative Law Judge","mineIds":[],"parseError":null,"pdfUrl":"https://www.fmshrc.gov/sites/default/files/decisions/alj/ALJd_1172023-PENN%202022-0084.pdf","published":"2023-01-17","sourceUrl":"https://www.fmshrc.gov/decisions/alj/01172023/secretary-labor-v-iron-cumberland-llc","standards":["75.400","75.2","100.3","100.5"],"standardsWithParagraphs":["75.400","75.2","100.3","100.5","100.3(a)","100.3(h)"],"textRepresentation":"html","title":"Secretary of Labor v. Iron Cumberland, LLC","matchScore":137,"matchReasons":["same standard: 75.400"]},{"actionNumbers":["9136082","9136320","9136341"],"authority":"Trial-level ALJ decision or order","authorityNote":"ALJ matters are trial-level and generally nonprecedential unless reviewed; use as factual pattern context only.","contentSha256":"9db827c6f71e91e5a71e3d865b8b6b5fddc1ccdfe6e4d8de549e0347bf44072d","dispositionSignals":["affirmed","dismissed","settled"],"dockets":["SE 2019-0075","SE 2019-0146"],"documentKind":"Decision","excerpt":"this proceeding were issued. 2. Shoal Creek Mine, Mine ID: 01-02901, is a mine, as defined in section 3(h) of the Mine Act. 30 U.S.C. § 802(h). 3. Operations of Peabody, at the mine at which the citation and orders were issued, are subject to the jurisdiction of the Mine Act. 4. This proceeding is subject to the jurisdiction of the Federal Mine Safety and Health Review Commission and its designated Administrative Law Judge, pursuant to sections 105 and 113 of the Mine Act. 5. Shoal Creek Mine is operated by Respondent. 6. Payment of the total proposed penalty in this matter will not affect Peabody’s ability to continue in business. 7. The individuals whose names appear in Block 22 of the citation and orders…","fullTextParsed":true,"htmlUrl":"https://www.fmshrc.gov/sites/default/files/decisions/alj/ALJd_10202020-SE%202019-0075%2C%20et%20al_1.htm","id":"0684ef24b1f858b6","issueSignals":["unwarrantable failure","high negligence"],"level":"alj","levelLabel":"Administrative Law Judge","mineIds":["0102901"],"parseError":null,"pdfUrl":"https://www.fmshrc.gov/sites/default/files/decisions/alj/ALJd_10202020-SE%202019-0075%2C%20et%20al_1.pdf","published":"2020-10-20","sourceUrl":"https://www.fmshrc.gov/decisions/alj/10202020/secretary-labor-v-peabody-southeast-mining-llc","standards":["75.400","75.380"],"standardsWithParagraphs":["75.400","75.380(d)(1)"],"textRepresentation":"html","title":"Secretary of Labor v. 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The individual whose name appears in Block 22 of each citation in contest was acting in an official capacity and as an authorized representative of the Secretary of Labor when the citations were issued. 8. The citations were properly issued and served by a duly authorized representative of the Secretary upon an agent of Respondent at the date, time, and place stated in each citation, as…","fullTextParsed":true,"htmlUrl":"https://www.fmshrc.gov/sites/default/files/decisions/alj/ALJd_3272020-PENN%202018-243%2C%20et%20al.htm","id":"7245aa88cb9b7493","issueSignals":["significant and substantial"],"level":"alj","levelLabel":"Administrative Law Judge","mineIds":[],"parseError":null,"pdfUrl":"https://www.fmshrc.gov/sites/default/files/decisions/alj/ALJd_3272020-PENN%202018-243%2C%20et%20al.pdf","published":"2020-03-27","sourceUrl":"https://www.fmshrc.gov/decisions/alj/03272020/secretary-labor-v-consol-pennsylvania-coal-company-llc","standards":["75.517","75.1725","75.400","75.340","75.512","75.202"],"standardsWithParagraphs":["75.517","75.1725(a)","75.400","75.340(a)(1)(i)","75.512","75.202(a)"],"textRepresentation":"html","title":"Secretary of Labor v. 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