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POV Violates Due Process, ALJ Rules; Denies Motion for Emergency Stay

ALJ William Moran dismissed a Pattern of Violations charge against Patriot Coal’s Brody Mining on Nov. 1, stating that the POV charge is a violation of due process. The Judge called the POV process “patently unfair, almost rigged,” and said that companies do not know what evidence to present for their defense.

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The Power of Knowledge

Many parts of the Southwest are designated as open range. My community in southeast New Mexico is one of those areas. In open range areas, cattle are not segregated from some infrequently traveled state and county roads.

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A Good Safety Record is Not A Mitigating Factor in Lowering Penalties

By Ellen Smith

A good safety record at a quarry, and having an injury-free operation, is not a mitigating factor in determining final penalties for violations of the Mine Act, Review Commission ALJ Alan Paez ruled in a case involving the Campbell County, Tenn., Highway Dept. located in Jacksboro, Tenn.

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Unintended Consequences

By Randy K. Logsdon

One of the things that makes this country great is our collective ability to innovate. Perhaps it’s a byproduct of capitalism. Perhaps it’s innovation and entrepreneurship that drives capitalism.

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