Alexis M. Herman, Secretary of Labor Department of Labor v. Associated Electric Cooperative, Inc.

172 F.3d 1078, 1999 CCH OSHD 31,815, 1999 U.S. App. LEXIS 7699, 1999 WL 225286
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 20, 1999
Docket98-1876
StatusPublished
Cited by8 cases

This text of 172 F.3d 1078 (Alexis M. Herman, Secretary of Labor Department of Labor v. Associated Electric Cooperative, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexis M. Herman, Secretary of Labor Department of Labor v. Associated Electric Cooperative, Inc., 172 F.3d 1078, 1999 CCH OSHD 31,815, 1999 U.S. App. LEXIS 7699, 1999 WL 225286 (8th Cir. 1999).

Opinions

[1080]*1080WOLLMAN, Circuit Judge.

Associated Electric Cooperative, Inc. (Associated) appeals from the district court's order granting summary judgment in favor of the Secretary of Labor and permanently enjoining Associated from excluding inspectors of the Mine Safety and Health Administration (MSHA) from its power-generating facility. Because we conclude that Associated is not a "mine" within the meaning of the Federal Mine Safety and Health Act, 30 U.S.C. §§ 801-962 (Mine Act), we reverse.

I.

Associated operates the Thomas Hill Energy Center, a three-unit, coal-fired electric power generating facility in Randolph County, Missouri. The facility obtains its coal from two mines in the Powder River Basin in Wyoming. Before shipment, the mines crush the coal into pieces approximately 2.5 inches in size. The coal is then shipped to the facility by rail. Associated engages in various preparation activities before burning the coal for electricity. All coal passes through grates to sift out large debris and under magnets to remove scrap metal. For one generator unit, coal is crushed into powder with pul-verizers. For the other two units, coal is broken into quarter-inch pieces with hammer mills. Associated also performs sampling to ensure that the coal complies with emission standards.

In September 1995, the federal Occupational Safety and Health Administration (OSHA) received a complaint about coal dust from an employee at the facility. An OSHA inspector visited the facility and took air samples. Subsequently, OSHA informed Associated that it was referring the matter to MSHA to determine which agency had jurisdiction to inspect the facility's coal processing operations. An MSHA inspector visited the facility in August 1996. MSHA informed Associated in March 1997 that it had jurisdiction over the coal processing activities, from the point where coal is unloaded from railroad cars until it is ready for combustion.

On June 23, 1997, an MSHA inspector attempted to complete a formal inspection of the facility's coal processing operations. Associated denied the inspector entrance to the facility. MSHA issued Associated a citation under section 813(a) of the Mine Act for refusing to allow the inspector entrance. Associated continued to deny MSHA entrance to the facility, whereupon the Secretary brought this suit to enjoin Associated from denying MSHA entrance.

After finding that it had subject matter jurisdiction to determine whether Associated is a "mine" within the meaning of the Mine Act, the district court found that Associated qualified as a mine because of its coal processing activities. The court then issued a permanent injunction requiring Associated to grant MSHA inspectors access to the facility.

II.

Initially, Associated claims that the district court did not have subject matter jurisdiction to determine its status as a "mine" under the Mine Act. Because the parties do not dispute the underlying facts, we review the court's determination of subject matter jurisdiction de novo. See United States v. Lawrence, 51 F.3d 150, 151-52 (8th Cir.1995) (reviewing a determination of subject matter jurisdiction de novo); Drevlow v. Lutheran Church, Missouri Synod, 991 F.2d 468, 470 (8th Cir.1993) (same).

According to Associated, the Mine Act only confers federal jurisdiction in cases involving " `habitual' offenders of the regulatory scheme" of the Act. See Appellant's Br. at 8 (quoting Thunder Basin Coal Co. v. Reich, 510 U.S. 200, 209, 114 S.Ct. 771, 127 L.Ed.2d 29 (1994)). Undoubtedly, the Mine Act confers federal jurisdiction when the Secretary believes that a mine operator "is engaged in a pattern of violation of the mandatory health or safety standards" of the Act. 30 U.S.C. § 818(a)(2). Associated overlooks the significance of section 818(a)(1), however, which provides for federal jurisdiction in many other cases, in-[1081]*1081eluding when a mine operator “refuses to admit [MSHA] representatives to the ... mine.” Id. § 818(a)(1)(C).

The Supreme Court has recognized that the Mine Act confers federal jurisdiction when any triggering event under section 818(a)(1) occurs. See Donovan v. Dewey, 452 U.S. 594, 604-05, 101 S.Ct. 2534, 69 L.Ed.2d 262 (1981) (stating that section 818(a) would confer federal jurisdiction when a mine operator denies an MSHA inspector access to a facility). The Third Circuit has asserted subject matter jurisdiction in a ease strikingly similar to the present one. In Marshall v. Stondt’s Ferry Preparation Co., an operator claimed that its facility was not a “mine” within the meaning of the Mine Act and denied entrance to an MSHA inspector. 602 F.2d 589, 590 (3d Cir.1979). The Third Circuit held that the facility qualified as a mine under the Act and enjoined the operator from denying MSHA inspectors access to the facility. Id. at 592.

Interpreting the Mine Act to confer federal jurisdiction only when operators habitually violate the Act would render section 818(a)(1) nugatory. This would contradict fundamental principles of statutory construction. See United States v. Talley, 16 F.3d 972, 975-76 (8th Cir.1994) (citing Moskal v. United States, 498 U.S. 103, 109-10, 111 S.Ct. 461, 112 L.Ed.2d 449 (1990)) (holding that whenever possible, statutes should be construed to give effect to all of their clauses and words). Accordingly, we conclude that the district court had subject matter jurisdiction over this case under section 818(a)(1)(C).

III.

Associated also asserts that it is not a mine within the meaning of the Mine Act. We review the district court’s construction of the term “mine” in the Act de novo. See United Energy Servs., Inc. v. Federal Mine Safety & Health Admin., 35 F.3d 971, 974 (4th Cir.1994); Bush & Burchett, Inc. v. Reich, 117 F.3d 932, 935-36 (6th Cir.), cert. denied, - U.S. -, 118 S.Ct. 46, 139 L.Ed.2d 12 (1997).

The Act provides:

“coal or other mine” means (A) an area of land from which minerals are extracted in nonliquid form ..., (B) private ways and roads appurtenant to such area, and (C) lands, excavations, underground passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools, or other property ... used in, or to be used in, or resulting from, the work of extracting such minerals from their natural deposits ...

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172 F.3d 1078, 1999 CCH OSHD 31,815, 1999 U.S. App. LEXIS 7699, 1999 WL 225286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexis-m-herman-secretary-of-labor-department-of-labor-v-associated-ca8-1999.