Director, United States Bureau of Mines v. Princess Elkhorn Coal Co.

An inspector of the Federal Coal Mine Safety Board of Review (the board) conducted an inspection of a mine under the control of the Princess Elkhorn Coal Company (Elkhorn) (defendant) and found that the methane-gas levels exceeded the maximum allowed by the Federal Coal Mine Safety Act (the act). The act required that the air sample used to detect methane levels be taken no less than 12 inches from any “face” of coal. Elkhorn sought to void the inspector’s order, claiming that the sample was taken less than 12 inches from loose machine cuttings, which increased the methane reading. The director of the United States Bureau of Mines (director) (plaintiff) interpreted the term “face” to apply only to solid coal and not machine cuttings and refused to void the order. Elkhorn appealed to the board, which heard witness testimony that confirmed that the sample was taken roughly six inches above coal cuttings, and expert testimony that the term “face” applied to solid coal as well as loose machine-cut coal. In considering this testimony, the board members applied their own expertise in coal-mining matters to conclude that the inspector’s sample, taken less than 12 inches from cut coal, was noncompliant. The board saw no logical reason for Congress to distinguish loose coal from solid coal because both impacted the methane readings and, therefore, allowing inspections near machine cuttings would result in an excessive number of noncompliant mines. The board voided the inspection order, and the director sought review in the district court of appeals.