Left Fork Mining Co., Inc. v. Hooker, No. 14-5450 (6th Cir. 2014)
Annotate this CaseLeft Fork’s Straight Creek underground coal mine is subject to inspections under the Federal Mine Health and Safety Act, 30 U.S.C. 801, enforced by the Federal Mine Safety and Health Administration (MSHA). During a 2011 inspection, MSHA inspector Middleton noted elevated methane gas readings and issued a No Access Order that closed the mine, except for ventilation, required examinations, re-energizing of power, monitoring seals, and de-watering. Left Fork proposed an investigation, but, because of the No Access Order, was required to submit an abatement plan, which it did the next day. MSHA did not respond, but issued an order alleging failure to submit a plan. Left Fork submitted another plan, which was denied in writing. Negotiations failed. On January 11, 2012, MSHA ordered that Left Fork de-energize all power and withdraw all miners. Underground pumps shut down; the mine flooded. On January 17, Left Fork sought a hearing before the Federal Mine Safety and Health Review Commission, which was held on January 30-31. It did not request temporary interim relief. On April 3, an ALJ invalidated the abatement orders. Neither party appealed. Left Fork had experienced flood damage and sought compensation for MHSA’s “malicious and retaliatory” actions. The court found that it did not satisfy requirements of the Federal Torts Claims Act for state common-law claims against MSHA employees and was precluded by the Mine Act from a remedy under Bivens. The Sixth Circuit affirmed that the existence of an alternate statutory remedial scheme precluded a judicially-created damages remedy.
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