Joe Whitcomb
In Su v. Alaska Goldmine LLC, the United States District Court for the District of Alaska issued a preliminary injunction on November 1, 2023, enforcing compliance with federal mine safety regulations at the Pedro Creek Mine. The case was brought by Julie A. Su, the Acting Secretary of Labor, on behalf of the Mine Safety and Health Administration (MSHA), against Alaska Goldmine LLC and its owner, Sheldon Maier.
The legal action stemmed from repeated refusals by the defendants to allow MSHA inspectors to conduct mandatory inspections at the Pedro Creek Mine, located near Fairbanks, Alaska. The case began after MSHA received an anonymous complaint about potential illegal mining activities at the site. On August 24, 2022, MSHA Inspector Towne attempted to inspect the mine under Section 103(a) of the Mine Act, which grants the agency authority to perform inspections without prior notice. However, Maier denied access to the inspector, a decision that would set the stage for the subsequent legal battle.
Inspection Attempts and Citations
On September 13, 2022, MSHA inspectors made a second attempt to inspect the site, this time arriving by helicopter. Upon landing, they observed various pieces of mining equipment, including a trommel, which suggested active gold mining operations. Despite these observations, Maier again refused to permit an inspection, asserting that MSHA lacked authority over his operations.
Following this encounter, MSHA issued seventeen citations to Alaska Goldmine LLC. These citations addressed a range of safety violations, including obstructed driver views due to damaged windows on a dozer, lack of berms on roadways, unguarded machinery, and the absence of necessary safety equipment such as flotation devices near water hazards. Additionally, citations were issued for failing to notify MSHA of a new mining operation, lack of a proper training plan, and, critically, denying MSHA inspectors entry to the mine.
On the same day, MSHA also issued a citation and order that directed Alaska Goldmine LLC to cease all mining activities until the miners received the required safety training as mandated by the Mine Act.
Legal Proceedings
The situation escalated when MSHA continued to observe mining activities at the Pedro Creek Mine despite the citations and orders. On June 16, 2023, Inspector Towne returned to the site and attempted to serve additional failure-to-abate orders, which were also disregarded by the defendants. Consequently, on September 6, 2023, the Department of Labor filed a Complaint for Injunctive Relief and a Motion for Preliminary Injunction in federal court.
The defendants argued against the injunction, claiming that MSHA's actions violated their Fourth Amendment rights against unreasonable searches and seizures. They also contended that the inspectors trespassed on private property and that the anonymous complaint did not justify the subsequent enforcement actions.
Court’s Ruling
The court rejected the defendants' arguments, citing the Federal Mine Safety and Health Act, which allows for warrantless inspections of mines due to the high-risk nature of the industry. The court emphasized that the Mine Act is designed to ensure the safety of miners and that the defendants' refusal to comply with the inspections constituted a violation of federal law.
Judge Joshua M. Kindred, who presided over the case, granted the preliminary injunction sought by the plaintiff. The injunction prohibits Alaska Goldmine LLC and its owners from denying MSHA access to the Pedro Creek Mine and from conducting any mining operations until they comply with the MSHA Order, including implementing a proper training program for their miners.
The court's order remains in effect until July 15, 2024, or until the defendants demonstrate full compliance with the MSHA’s regulations. Should the defendants fail to comply, the injunction could be extended, and additional penalties may be imposed.
Conclusion
The Su v. Alaska Goldmine LLC case underscores the federal government’s commitment to enforcing mine safety regulations and the legal consequences for operators who refuse to comply. This ruling not only reinforces the authority of MSHA to conduct inspections without prior notice but also highlights the critical importance of adhering to safety standards to protect miners and prevent accidents.