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CACTUS CANYON QUARRIES, INCORPORATED v. FMSHRC

No. 22-60322.

64 F.4th 662 (2023)

CACTUS CANYON QUARRIES, INCORPORATED, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; Martin Walsh, Secretary, U.S. Department of Labor, Mine Safety and Health Administration, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED April 4, 2023.

Attorney(s) appearing for the Case

Andy Carson , Marble Falls, TX, for Petitioner.

Thaddeus Jason Riley, Esq. , Michael A. McCord , Federal Mine Safety & Health Review Commission, Office of General Counsel, Washington, DC, for Respondent Federal Mine Safety & Health Review Commission.

Cheryl Blair-Kijewski , Emily Toler Scott , U.S. Department of Labor, Office of the Solicitor, Mine Safety & Health Division, Arlington, VA, Michael A. McCord , Federal Mine Safety & Health Review Commission, Office of General Counsel, Washington, DC, April Nelson , U.S. Department of Labor, Office of Solicitor, Division of Mine Safety and Health, Arlington, VA, for Respondent Martin Walsh.

Before Wiener, Stewart, and Engelhardt, Circuit Judges.

Petitioner Cactus Canyon Quarries, Inc. ("Cactus Canyon") appeals a decision by an Administrative Law Judge (ALJ) of the Federal Mine Safety and Health Review Commission ("Commission").

In 2020, Cactus Canyon was issued three citations by the Mine Safety and Health Administration (MSHA). At issue here is Citation No. 9641812 ("Citation...

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