§816 Judicial review of Commission orders

Summary

You can ask a United States court of appeals to review an order the Commission issued. To do that, file a written request in the appeals court for the federal circuit where the alleged violation happened or in the D.C. Circuit within 30 days after the order. The court clerk will send a copy to the Commission and the other parties. The Commission must send the full case record to the court. Once the record is filed, only that court can decide the case. The court can agree with the Commission, change the order, cancel parts of it, or enforce what it keeps. The court will not hear objections that were not raised before the Commission unless there were extraordinary reasons. The Commission’s factual findings are final if supported by substantial evidence. The court can allow new evidence if it is important and there was a good reason it was not shown earlier; the Commission can then revise its findings and order. The court’s judgment is final, except the Supreme Court may review it. A court may grant temporary relief while the appeal is decided. For most Commission orders, the court may do this only if all parties are notified and heard, the requester is likely to win on the merits, and the temporary relief will not hurt miners’ health or safety. For Panel orders, the health and safety condition does not apply. The Secretary may also ask a court to review or enforce a final Commission order under the same rules. If no one asks for review within 30 days, the Commission’s findings and order become final for enforcement and the court clerk will enter a decree enforcing the order unless the court says otherwise. Starting an appeal does not stop the Commission’s or Panel’s order unless the court specifically orders a stay.