C.F.R. » Title 30 » CHAPTER I—MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › SUBCHAPTER O—COAL MINE SAFETY AND HEALTH › PART 77—MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES › Subpart K—Ground Control

30 C.F.R. § 77.1000

Highwalls, pits and spoil banks; plans

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Each operator shall establish and follow a ground control plan for the safe control of all highwalls, pits and spoil banks to be developed after June 30, 1971, which shall be consistent with prudent engineering design and will insure safe working conditions. The mining methods employed by the operator shall be selected to insure highwall and spoil bank stability.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1995–2023 · leading case: Ramey v. Contractor Enter., Inc., 693 S.E.2d 789 (W. Va. 2010).
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Ramey v. Contractor Enter., Inc., 693 S.E.2d 789 (W. Va. 2010). · cites it 2× “See 30 C.F.R. § 77.1000 . [4] In order to complete the report, MSHA inspectors supplemented their physical inspection of the site with information obtained from interviews with persons who had knowledge of the accident.”
Rns Servs., Inc. v. Sec'y of Labor, Mine Saf. & Health Admin. (Msha), & Fed. Mine Saf. & Health Review Comm'n, 115 F.3d 182 (3rd Cir. 1997). “1713 (c), and failed to have a ground control plan for the Site, in violation of the safety standard at 30 C.F.R. § 77.1000 . RNS did not contest the facts of the violations as cited, but instead challenged the Commission’s jurisdiction over the Site.”
Bussen Quarries v. Alexander Acosta, 895 F.3d 1039 (8th Cir. 2018). “, 30 C.F.R. §§ 77.1000 , 77.1006. The former United States Bureau of Mines published a dictionary of mining terminology, which defined a highwall as "[t]he unexcavated face of exposed overburden and coal or ore in an opencast mine, or the face or bank on the uphill side of a…”
Robert Harry v. Dep't of the Interior (MSPB 2023). · cites it 3× “1 (c) and 30 C.F.R. § 77.1000 ; 3. He disclosed to his first-line supervisor in November 2016 that the Mine Safety and Health Administration (MSHA) needed to conduct an investigation into the source of the spoil pile slide discussed in Disclosure 2, and he disclosed the need to…”
L & J Energy Co., Inc. v. Sec'y of Labor, 57 F.3d 1086 (D.C. Cir. 1995). “L & J challenges the AU’s conclusion that it violated 30 C.F.R. §§ 77.1000 , 77.1005(a), 77.1501(a) & (b), & 77.”
RNS Ser Inc v. Sec'y Labor (3rd Cir. 1997). “1713 (c), and failed to have a ground control plan for the Site, in violation of the safety standard at 30 C.F.R. § 77.1000 . RNS did not contest the facts of the violations as cited, but instead challenged the Commission's jurisdiction over the Site.”
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