121194P.pdf   07/31/2012  Pattison Sand Company, LLC  v.  MSHR
   U.S. Court of Appeals Case No:  12-1194
                          and No:  12-1196
   Petition for Review of an Order of the Federal Mine Safety and Health Review Com   
   [PUBLISHED] [Murphy, Author, with Benton and Shepherd, Circuit Judges]
   Petition for Review - Order of the Federal Mine Safety and Health
   Review Commission. Challenge to mine closing order based on an
   argument that the roof fall was not an accident within the meaning of the
   Mine Safety and Health Act rejected; ALJ erred in finding the
   Commission lacks authority to modify the Secretary's mine closing order
   issued under Section 103(k) of the Act; since the ALJ was acting under
   the mistaken belief that he lacked authority to do anything but enforce the
   order as written or vacate it entirely, the matter must be remanded to the
   for further consideration; in related appeal, the district court did not err 
   in finding it lacked jurisdiction to consider Pattison's request for a
   temporary restraining order or preliminary injunction. Judge Shepherd,
   concurring in part and dissenting in part.