DC Circuit Keeps Mine Safety Citations Alive Post-Chevron (1)

A federal appeals court upheld citations for a coal trucking company after the US Supreme Court remanded the case for reconsideration.

The US Court of Appeals for the District of Columbia Circuit determined that KC Transport Inc.'s facility is a mine within the meaning of the Mine Act. The appeals court decision clarifies the scope of the Mine Safety and Health Administration’s jurisdiction over hazards that aren’t at a mine or related processing facility.

The dispute centered on whether the West Virginia-based coal trucking company’s facility or its trucks constituted a mine under a section in the Mine Act after ...