A novel constitutional challenge to the authority of a 48-year-old mine safety commission ended abruptly Friday because of procedural errors.
The attack on the Federal Mine Safety and Health Review Commission was part of a broader conservative legal push arguing administrative law judges and in-house agency tribunals at multiple federal agencies wrongly give the executive branch powers reserved for the courts.
The case here involved a miner fired from a silicon dioxide mine in Seneca, Missouri, owned by American Tripoli. Silicon dioxide rock is turned into powder used as a component of glass and toothpaste and as an anti-caking agent in spices.
The worker, Robert Baumann, alleged he was fired for speaking with a mine inspector. The company argued his output was down and he had abandoned his post to accompany the inspector.
