MSHA Appeals ALJ Rulings Rejecting ‘Unfettered’ Discretion On Settlements

The Mine Safety and Health Administration (MSHA) is asking the D.C. Circuit to review two enforcement cases where administrative law judges (ALJs) rejected that agency’s claims that it has “unfettered” authority to drop already-issued citations in favor of settlement agreements, teeing up what could be precedent-setting decisions on the scope of its enforcement discretion. MSHA filed petitions for review with the D.C. Circuit on Sept. 10 in both of the linked cases, known as MSHA v. Crimson Oak Grove Resources,...