MSHA Jurisdiction May Extend Beyond Mine Property—But How Far?
On August 1, 2023, the U.S. Court of Appeals for the District of Columbia Circuit vacated a Federal Mine Safety and Health Review Commission (FMSHRC) decision holding that the Mine Safety and Health Administration (MSHA) lacked jurisdiction to issue citations at a trucking company’s facility located more than one mile from a mining company’s property. In issuing its 2-1 decision, the D.C. Circuit found the Mine Act to be ambiguous and stated that FMSHRC and the courts should consider whether to grant deference to MSHA’s interpretation of the ambiguous law.