GMS Mine Repair Fails to Overturn MSHA Violation History Rule

GMS Mine Repair challenged MSHA’s method for calculating an operator’s violation history when assessing penalties. The D.C. Circuit held that the regulation was ambiguous but that MSHA’s long-standing interpretation—counting violations that became final during the preceding 15 months—was reasonable. The court therefore denied GMS’s petition.

Original article:https://www.whitcomblawpc.com/business-law-blog/gms-mine-repair-fails-to-overturn-msha-violation-history-rule