CASE OVERVIEW
GRIMES ROCK, INC. - Motion for Stay Denied, 2 Citations & 1 Order Pending
- Procedural decision denying a request to stay proceedings while related case is appealed to Ninth Circuit.
- ALJ maintained jurisdiction over contest/penalty cases despite appeal of a temporary reinstatement order to a higher court.
- Operator's argument that underlying orders might be invalidated on appeal failed to convince ALJ to pause current proceedings.
- ALJ affirmed obligation to comply with unstayed FMSHRC/ALJ orders, regardless of pending appeals on underlying matters.
- Advise clients that FMSHRC/ALJ orders must be complied with unless explicitly stayed; pending appeals do not automatically pause enforcement.
GRIMES ROCK, INC. - ALJ Decision Analysis
Case No: WEST 2022-0334-RM | Decision Date: 2024-02-21
