Mining and OSHA attorney Willa Perlmutter was quoted in Bloomberg Environment’s Occupational Safety & Health Reporter℠ in an article titled “Mine Safety Settlements Will Get Scrutiny From Review Panel,” published May 21, 2019. The article discusses the impact a newly whole Federal Mine Safety and Health Review Commission, which has not had a quorum since August 2018, may have on settlements of cases between mine operators and the Mine Safety and Health Administration.
FMSHRC Administrative Law Judge William Moran denied a motion to approve settlement of a case between a mining company and MSHA based on a lack of justification for the action, and the commission, which provides appellate review of administrative law judge decisions, is expected to decide what is an appropriate level of evidence to support a requested settlement.
“Depending on how the commission rules, it will inform the relationship between Administrative Law Judges and litigants for some time to come once the commission pronounces on this,” Perlmutter said.