Pattison Sand Co., LLC v. Fed. Mine Safety & Health Review Comm'n, No. 12-1194 (8th Cir. 2012)Annotate this Case
Pattison Sand Company operated a sandstone mine in Iowa. After part of the mine roof collapsed near where a miner was working, the Mine Safety and Health Administration (MSHA) issued an order under the Federal Mine Safety and Health Act prohibiting any activity in much of the mine. Pattison challenged the order before the Federal Mine Safety and Health Review Commission. An ALJ determined that the order was valid and that the Commission lacked authority to modify it. Pattison moved for a temporary restraining order and preliminary injunction preventing MSHA from enforcing parts of the order. The federal district court denied relief. The Eighth Circuit Court of Appeals granted in part and denied in part Pattison's petition for review and affirmed the judgment of the district court, holding (1) substantial evidence supported the ALJ's determination that the roof fall was an accident within the meaning of the Act; (2) the ALJ's determination that he lacked the authority to modify the order was in error; and (3) the district court's conclusion that it lacked jurisdiction to consider the company's request for a temporary restraining order and preliminary injunction was not in error.