Lone Mountain Processing Inc. v. Secretary of Labor, et al, No. 11-1431 (D.C. Cir. 2013)
Annotate this CaseLone Mountain petitioned for review of an order of the Federal Mine Safety and Health Review Commission denying the company's motions to reopen closed civil penalty proceedings. Following the guidance of Federal Rule of Civil Procedure 60(b), the Commission has long held that it may reopen otherwise final orders, including those that have been rendered final pursuant to the Federal Mine Safety Act of 1977, 30 U.S.C. 815(a). The court held that the Commission's order was arbitrary and capricious, and agreed with Lone Mountain's argument that the Commission abused its discretion by departing from its own precedent without explanation. Accordingly, the court need not consider Lone Mountain's alternative arguments.
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