Andalex Resources, Inc. v. MSHA, No. 14-9540 (10th Cir. 2015)
Annotate this CaseAndalex Resources, Inc. petitioned the Tenth Circuit for review of the Mine Safety and Health Administration's (MSHA) decision to revoke previously granted modifications to the application of certain mine safety regulations. In 2008, Andalex ceased mining and sealed two of its mines, the Pinnacle and Aberdeen mines. Although it sealed the mines, Andalex left some infrastructure in place, presumably so it could one day reopen the mines. Andalex complied with one of MSHA's regulations requiring the operator to submit updated maps with notations that it had sealed all openings to the underground mines. After Andalex sealed the two mines, MSHA issued a proposed decision revoking the six modifications it had previously granted to Andalex. When Andalex sealed the two mines, MSHA declared the Pinnacle Mine "[non-producing]" and the Aberdeen Mine "[a]bandoned." MSHA considered Andalex's sealing of the two mines a change of circumstances, allowing revocation under 30 C.F.R. 44.52(c). Andalex disagreed, sought a hearing with an ALJ, and moved for a summary decision, arguing that revocation was improper under section 44.52(c) because MSHA had not demonstrated a change of circumstances or shown that any of the findings MSHA had made in granting the modifications were now invalid. Upon review, the Tenth Circuit found no reversible error in the agency's decision and affirmed.
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