United States Fourth Circuit

The Federal Mine Safety and Health Review Commission's refusal to review part of an ALJ determination is an order under 30 USC 816(a)(1), not a final judgment, so appellate jurisdiction does not yet exist.

Appellate Information

• Argued 11/03/2000
• Decided 02/15/2001
• Published 02/15/2001

Judges

• Before WILLIAMS and TRAXLER, Circuit Judges, and MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  L. Joseph Ferrara, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Petitioner. Norman Michael Gleichman, Federal Mine Safety and Health Review Commission, Washington, D.C.;   Robin Ann Rosenbluth, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF:  David J. Hardy, Maris E. McCambley, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Petitioner.  James Y. Callear, John T. Sullivan, Federal Mine Safety and Health Review Commission, Washington, D.C.;  Henry L. Solano, Edward P. Clair, W. Christian Schumann, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondents.