30 U.S.C. § 818

Injunctions

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(a) Civil action by Secretary(1) The Secretary may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which a coal or other mine is located or in which the operator of such mine has his principal office, whenever such operator or his agent—(A) violates or fails or refuses to comply with any order or decision issued under this chapter, or fails or refuses to comply with any order or decision, including a civil penalty assessment order, that is issued under this chapter,(B) interferes with, hinders, or delays the Secretary or his authorized representative, or the Secretary of Health and Human Services or his authorized representative, in carrying out the provisions of this chapter,(C) refuses to admit such representatives to the coal or other mine,(D) refuses to permit the inspection of the coal or other mine, or the investigation of an accident or occupational disease occurring in, or connected with, such mine,(E) refuses to furnish any information or report requested by the Secretary or the Secretary of Health and Human Services in furtherance of the provisions of this chapter, or(F) refuses to permit access to, and copying of, such records as the Secretary or the Secretary of Health and Human Services determines necessary in carrying out the provisions of this chapter.(2) The Secretary may institute a civil action for relief, including permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the coal or other mine is located or in which the operator of such mine has his principal office whenever the Secretary believes that the operator of a coal or other mine is engaged in a pattern of violation of the mandatory health or safety standards of this chapter, which in the judgment of the Secretary constitutes a continuing hazard to the health or safety of miners.(b) Jurisdiction; relief; findings of Commission or Secretary

In any action brought under subsection (a), the court shall have jurisdiction to provide such relief as may be appropriate. In the case of an action under subsection (a)(2), the court shall in its order require such assurance or affirmative steps as it deems necessary to assure itself that the protection afforded to miners under this chapter shall be provided by the operator. Temporary restraining orders shall be issued in accordance with rule 65 of the Federal Rules of Civil Procedure, as amended, except that the time limit in such orders, when issued without notice, shall be seven days from the date of entry. Except as otherwise provided herein, any relief granted by the court to enforce any order under paragraph (1) of subsection (a) shall continue in effect until the completion or final termination of all proceedings for review of such order under this subchapter, unless prior thereto, the district court granting such relief sets it aside or modifies it. In any action instituted under this section to enforce an order or decision issued by the Commission or the Secretary after a public hearing in accordance with section 554 of title 5, the findings of the Commission or the Secretary, as the case may be, if supported by substantial evidence on the record considered as a whole, shall be conclusive.

(Pub. L. 91–173, title I, § 108, Dec. 30, 1969, 83 Stat. 756; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1309; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 109–236, § 9, June 15, 2006, 120 Stat. 501.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a)(1)(A), (B), (E), (F), (2) and (b), was in the original “this Act”, meaning Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.

Rule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (b), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Amendments

2006—Subsec. (a)(1)(A). Pub. L. 109–236 inserted before comma at end “, or fails or refuses to comply with any order or decision, including a civil penalty assessment order, that is issued under this chapter”.

1977—Pub. L. 95–164 redesignated existing provisions as subsecs. (a)(1) and (b), added subsec. (a)(2), and in the redesignated provisions inserted references to findings of the Commission, inserted requirement that in actions brought under subsec. (a)(2) the courts require such assurances or affirmative action as they deem necessary to assure that the protections offered by this chapter to the miners be provided by the operator, and struck out provisions relating to the appointment of attorneys by the Secretary to represent him in actions under this section.

Statutory Notes and Related SubsidiariesChange of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (a)(1)(B), (F) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–164 effective 120 days after Nov. 9, 1977, except as otherwise provided, see section 307 of Pub. L. 95–164, set out as a note under section 801 of this title.

Effective Date

Section operative 90 days after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out as a note under section 801 of this title.

Notes of Decisions

Cited in 46 cases (3 in the last 5 years), 1973–2023 · leading case: Donovan v. Dewey

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Donovan v. Dewey (1981) scotus · cites it 4× “30 U. S. C. § 818 (a) (1) (C) (1976 ed., Supp.”

Marshall v. Barlow's, Inc. (1978) scotus · cites it 2× “" 30 U. S. C. § 818 . Another example is the Clean Air Act, which grants federal district courts jurisdiction "to require compliance" with the Administrator of the Environmental Protection Agency's attempt to inspect under 42 U.”

United States v. Blue Diamond Coal Company, Scotia Coal Company (1982) ca6 · cites it 4× “Finally, the Act gives the government the power to obtain a permanent or temporary injunction, restraining order, or other appropriate order from a United States District Court if the operator fails to cooperate with the Secretary or its representative. Examples of such conduct…”

Bennett v. U.S. Securities & Exchange Commission (2016) ca4 “§ 78u(d)(1), with 30 U.S.C. § 818 . Our sister circuits *182 have concluded that the provisions in the Exchange Act are “nearly identical,” Jarkesy, 803 F.”

Cochran v. SEC (2021) ca5 “19-10396 to the court of appeals” (citing 30 U.S.C. §§ 818 (a), 820(j))). The Exchange Act’s comprehensive statutory scheme for agency adjudication followed by straightaway review in a court of appeals makes it “fairly discernible that Congress intended to deny .”

Ray Marshall, Secretary of Labor, United States Department of Labor v. Stoudt's Ferry Preparation Company (1979) ca3 · cites it 2× “30 U.S.C.A. § 818 . Any unusual privacy expectations may be fully explored in that proceeding and a reasonable accommodation may be achieved.”

Ray Marshall, Secretary of Labor, United States Department of Labor v. Nolichuckey Sand Company, Inc. (1979) ca6 · cites it 2× “30 U.S.C.A. § 818 (1979 pocket part). 6 .”

Pattison Sand Co. v. Federal Mine Safety & Health Review Commission (2012) ca8 · cites it 2× “30 U.S.C. §§ 818 (a), 820(j). The Supreme Court has recognized that district court jurisdiction also extends to claims that are "wholly collateral to [the] statute's review provisions and outside the agency's expertise .”

Hopkins County Coal, LLC v. Acosta (2017) ca6 · cites it 2× “Then, Smith issued a citation to HCC for failing to produce files as required of mine operators 4 30 U.S.C. § 818 4 No. 16-3848, Hopkins Cty.”

Meredith v. Federal Mine Safety & Health Review Commission (1999) cadc “30 U.S.C. § 818 gives the Secretary authority to institute a civil action for relief against a mine operator, and grants jurisdiction to the federal district courts to provide whatever relief they deem appropriate.”

Left Fork Mining Company, Inc. v. Irving Hooker (2014) ca6 “30 U.S.C. §§ 818 (a) and 8200')- Both of these provisions empower the Secretary of Labor to seek district court review but do not afford the same right to mine operators.”

Marshall v. Dewey (1980) wied · cites it 3× “Parenthetically, the Secretary is seeking relief under 30 U.S.C. § 818 (a)(1)(C) which authorizes the Secretary to seek an injunction when a mine operator or his agent “refuses to admit [the Secretary’s] representatives to the coal or other mine .”

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— 30 U.S.C. § 818(a)(1) — 1 case

Secretary of Labor v. Cactus Canyon Quarries, Inc. (2023) txwd

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