MSHA gets final word on ventilation plans, court rules
Mach Mining loses its appeal
A recent ruling by the U.S. Court of Appeals for the Seventh Circuit held that a Mine Safety and Health Administration (MSHA) district manager has broad discretion to disapprove a mine operator’s proposed ventilation plan for an underground coal mine, and may do so as long as the decision is not arbitrary and capricious.
The court rejected the contention that an operator may ask the Federal Mine Safety and Health Review Commission to substitute its judgment for MSHA’s in approving or disapproving a ventilation plan MSHA determines is inadequate to address health and safety requirements and the particular conditions of the mine.