The American Coal Co. v. MSHR, No. 14-1206 (D.C. Cir. 2015)
Annotate this CaseAmerican Coal appealed the MSHA's citation and fine for a "fire" on one of its coal stockpiles when safety inspectors observed patches of smoldering, smoking coal without visible flames. American Coal argued that the citation and fine should be vacated because a "fire," for purposes of the Federal Mine Safety and Health Act, 30 U.S.C. 801 et seq., exists only when there are visible flames and that, even if a fire could exist without visible flames, there was insufficient proof to show a fire of any kind. The court rejected these arguments and denied American Coal's petition for review, concluding that the statutory term “fire” is ambiguous, the Secretary of Labor reasonably determined that the term does not require the presence of flames, and substantial evidence supports the conclusion that the smoldering patches on American Coal’s stockpile satisfied the Secretary’s interpretation of a “fire.”
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