Scheme: 
FMSHCITA0002
Case Type Number: 
5
Statute (Common Name): 
Mine Act
Program Area: 
Health & Safety
Legal Authorities (Statute/Exec. Order): 
MINER Act Sec. 2 amending Mine Act Sec. 316(b)(2)(G) (30 U.S.C. § 876(b)(2)(G))
Regulatory Authorities (CFR): 
29 C.F.R. § 2700.24
Filed By: 
Private Party/Individual
Brief Description of Case Type: 
Emergency Response Plan Dispute Proceedings(29 C.F.R. § 2700.24; MINER Act Sec. 2 amending Mine Act Sec. 316(b)(2)(G) (30 U.S.C. § 876(b)(2)(G)) Recent amendments to the Mine Act require operators of underground coal mines to develop and adopt written emergency response plans (“ERPs”) that will provide for the evacuation of all miners endangered by an emergency and maintain those miners who are not able to evacuate. The Secretary is required to review and approve an operator’s plan. In the event of a dispute between the Secretary and an operator over the content of a plan, the Secretary will issue a citation to the operator.
Relief Available in Actions Filed By Private Parties: 
Reinstatement/Restoration of Existing Right or Privilege
Relief Available in Actions Filed by Agency: 
Revocation/Suspension/Restriction of Existing Right or Privilege
Verified by Agency: 
Not verified