Thunder Basin Coal Co. v. Reich
Thunder Basin Coal Co. v. Reich
Opinion of the Court
delivered the opinion of the Court.
In this case, we address the question whether the statutory-review scheme in the Federal Mine Safety and Health Amendments Act of 1977, 91 Stat. 1290, as amended, 30 U. S. C. § 801 et seq. (1988 ed. and Supp. IV) (Mine Act or Act), prevents a district court from exercising subject-matter jurisdiction over a pre-enforcement challenge to the Act. We hold that it does.
I
Congress adopted the Mine Act “to protect the health and safety of the Nation’s' coal or other miners.” 30 U. S. C. § 801(g). The Act requires the Secretary of Labor or his representative to conduct periodic, unannounced health and
“[A] representative of the operator and a representative authorized by his miners shall be given an opportunity to accompany the Secretary or his authorized representative during the physical inspection of any coal or other mine ... for the purpose of aiding such inspection and to participate in pre- or post-inspection conferences held at the mine.”
Regulations promulgated under this section define a miners’ representative as “[a]ny person or organization which represents two or more miners at a coal or other mine for the purposes of the Act.” 30 CFR § 40.1(b)(1) (1993).
In addition to exercising these “walk-around” inspection rights under § 813(f), persons designated as representatives of the miners may obtain certain health and safety information
The Secretary has broad authority to compel immediate compliance with Mine Act provisions through the use of mandatory civil penalties, discretionary daily civil penalties, and other sanctions.
II
Petitioner Thunder Basin Coal Company operates a surface coal mine in Wyoming with approximately 500 nonunion employees. In 1990, petitioner’s employees selected two employees of the United Mine Workers of America (UMWA), who were not employees of the mine, to serve as their miners’ representatives pursuant to § 813(f). Petitioner did not post the information regarding the miners’ representatives as required by 30 CFR §40.4, but complained to the Mine Safety and Health Administration (MSHA)
Petitioner additionally alleged that requiring it to challenge the MSHA’s interpretation of 30 U. S. C. § 813(f) and 30 CFR pt. 40 through the statutory-review process would violate the Due Process Clause of the Fifth Amendment, since the company would be forced to choose between violating the Act and incurring possible escalating daily penalties,
The Court of Appeals for the Tenth Circuit reversed, holding that the Mine Act’s comprehensive enforcement and administrative-review scheme precluded district court jurisdiction over petitioner’s claims. 969 F. 2d 970 (1992). The court stated:
“[T]he gravamen of Thunder Basin’s case is a dispute over an anticipated citation and penalty____ Operators may not avoid the Mine Act’s administrative review process simply by filing in a district court before actually receiving an anticipated citation, order, or assessment of penalty.” Id., at 975.
To hold otherwise, the court reasoned, “would permit preemptive strikes that could seriously hamper effective enforcement of the Act, disrupting the review scheme Congress intended.” Ibid. The court also concluded that the Mine Act’s review procedures adequately protected petitioner’s due process rights. Ibid.
We granted certiorari on the jurisdictional question, 507 U. S. 971 (1993), to resolve a claimed conflict with the Court of Appeals for the Sixth Circuit. See Southern Ohio Coal Co. v. Donovan, 774 F. 2d 693 (1985), amended, 781 F. 2d 57 (1986).
In cases involving delayed judicial review
A
Applying this analysis to the review scheme before us, we conclude that the Mine Act precludes district court jurisdiction over the pre-enforcement challenge made here. The Act establishes a detailed structure for reviewing violations of “any mandatory health or safety standard, rule, order, or regulation promulgated” under the Act. § 814(a). A mine operator has 30 days to challenge before the Commission any citation issued under the Act, after which time an uncontested order becomes “final” and “not subject to review by any court or agency.” §§ 815(a) and (d). Timely challenges are heard before an administrative law judge (AU),
Mine operators may challenge adverse Commission decisions in the appropriate court of appeals, § 816(a)(1), whose jurisdiction “shall be exclusive and its judgment and decree shall be final” except for possible Supreme Court review, ibid. The court of appeals must uphold findings of the Commission that are substantially supported by the record, ibid., but may grant temporary relief pending final determination of most proceedings, § 816(2).
Although the statute establishes that the Commission and the courts of appeals have exclusive jurisdiction over challenges to agency enforcement proceedings, the Act is facially silent with respect to pre-enforcement claims. The structure of the Mine Act, however, demonstrates that Congress intended to preclude challenges such as the present one. The Act’s comprehensive review process does not distinguish between pre-enforcement and postenforcement challenges,
B
The legislative history of the Mine Act confirms this interpretation. At the time of the Act’s passage, at least 1 worker was killed and 66 miners were disabled every working day in the Nation’s mines. See S. Rep. No. 95-181, p. 4 (1977), Legislative History of the Federal Mine Safety and Health Act of 1977 (Committee Print prepared for the Subcommittee on Labor of the Senate Committee on Human Resources), Ser. No. 95-2, p. 592 (1978) (Leg. Hist.). Frequent and tragic mining disasters testified to the ineffectiveness of
Congress expressed particular concern that under the previous Coal Act mine operators could contest civil-penalty assessments de novo in federal district court once the administrative review process was complete, thereby “seriously hampering] the collection of civil penalties.”
The 1977 Mine Act thus strengthened and streamlined health and safety enforcement requirements. The Act authorized the Secretary to compel payment of penalties and to enjoin habitual health and safety violators in federal district court. See Leg. Hist. 627; 30 U. S. C. §§ 820(j) and 818(a). Assessment of civil penalties was made mandatory for all mines, and Congress expressly eliminated the power of a mine operator to challenge a final penalty assessment de novo in district court. Cf. Whitney Nat. Bank, 379 U. S., at 420 (that “Congress rejected a proposal for a de novo review in the district courts of Board decisions” supports a finding of district court preclusion).
C
We turn to the question whether petitioner’s claims are of the type Congress intended to be reviewed within this statutory structure. This Court previously has upheld district court jurisdiction over claims considered “wholly ‘collateral’” to a statute’s review provisions and outside the agency’s expertise, Heckler v. Ringer, 466 U. S. 602, 618 (1984), discussing Mathews v. Eldridge, 424 U. S. 319 (1976), particularly where a finding of preclusion could foreclose all meaningful
McNary v. Haitian Refugee Center, Inc., 498 U. S. 479 (1991), similarly held that an alien could bring a due process challenge to Immigration and Naturalization Service amnesty determination procedures, despite an Immigration and Nationality Act provision expressly limiting judicial review of individual amnesty determinations to deportation or exclusion proceedings. See 8 U. S. C. § 1160(e). This Court held that the statutory language did not evidence an intent to preclude broad “pattern and practice” challenges to the program, 498 U. S., at 494, 497, and acknowledged that “if not allowed to pursue their claims in the District Court, respondents would not as a practical matter be able to obtain meaningful judicial review,” id., at 496.
An analogous situation is not presented here. Petitioner pressed two primary claims below: that the UMWA designation under § 813(f) violates the principles of collective bar
As for petitioner’s constitutional claim, we agree that “[adjudication of the constitutionality of congressional enactments has generally been thought beyond the jurisdiction of administrative agencies,” Johnson v. Robison, 415 U. S., at 368, quoting Oestereich v. Selective Serv. System Local Bd. No. 11, 393 U. S., at 242 (Harlan, J., concurring in result); accord, Califano v. Sanders, 430 U. S. 99, 109 (1977). This rule is not mandatory, however, and is perhaps of less consequence where, as here, the reviewing body is not the agency itself but an independent Commission established exclusively to adjudicate Mine Act disputes. See Secretary v. Richardson, 3 F. M. S. H. R. C. 8, 18-20 (1981). The Commission has addressed constitutional questions in previous enforcement proceedings.
IV
Petitioner finally contends, in the alternative, that due process requires district court review because the absence of pre-enforcement declaratory relief before the Commission will subject petitioner to serious and irreparable harm. We need not consider this claim, however, because neither com-. pliance with, nor continued violation of, the statute will subject petitioner to a serious prehearing deprivation.
The record before us contains no evidence that petitioner will be subject to serious harm if it complies with 30 U. S. C. § 813(f) and 30 CFR pt. 40 by posting the designations, and the potential for abuse of the miners’ representative position appears limited. As the district manager of the MSHA stated to petitioner, designation as a miners’ representative
Nor will petitioner face any serious prehearing deprivation if it refuses to post the designations while challenging
V
We conclude that the Mine Act’s administrative structure was intended to preclude district court jurisdiction over petitioner’s claims and that those claims can be meaningfully reviewed through that structure consistent with due process.
It is so ordered.
Underground mines must be inspected at least four times a year, and surface mines must be inspected at least twice annually. 30 U. S. C. § 813(a).
Miners’ representatives are entitled to receive “a copy of any order, citation, notice, or decision” issued by the Secretary to the mine operator, 30 U. S. C. § 819(b), as well as copies of certain mine health and safety records available to the Secretary regarding employee exposure to toxic or other harmful agents, § 813(c), daily mine inspections, 30 CFR § 77.1713, and plans for mine evacuation, §77.1101, roof control, §75.220, and employee training, §§ 48.3 and 48.23.
Miners’ representatives, among other things, may inform the Secretary of mine hazards, 30 U. S. C. § 813(g)(2), request immediate additional inspections of the mine when a violation or imminent danger exists, § 813(g)(1), and participate in proceedings before the Federal Mine Safety and Health Review Commission, § 815(d). Representatives may request or challenge certain enforcement actions against a mine operator, §§ 815(d) and 817(e)(1), contest the time an operator is given to abate a Mine Act violation, § 815(d), and initiate proceedings to modify the application of health and safety standards, 30 CFR § 44.3.
The Secretary must issue a citation and recommend assessment of a civil penalty of up to $50,000 against any mine operator believed to have violated the Act. 30 U. S. C. §§ 814(a), 815(a), and 820(a). If an operator fails to abate the violation within the time allotted, the Secretary may assess additional daily civil penalties of up to $5,000 per day pending abatement. § 820(b). The Secretary’s representative also may issue a “withdrawal order,” directing all individuals to withdraw from the affected mine area, §§ 814(b) and (d), or pursue criminal penalties, § 820(d).
The MSHA is established within the Department of Labor and represents the Secretary in enforcing the Mine Act. 91 Stat. 1319, 29 U. S. C. § 557a.
Petitioner relied for this proposition on a similar case in which a mine operator refused to post the designation of a UMWA employee, a citation was issued, and the MSHA ordered abatement within 24 hours and threatened to impose daily civil penalties. See Kerr-McGee Coal Corp. v. Secretary, 15 F. M. S. H. R. C. 352 (1993), appeal pending, No. 93-1250 (CADC). Kerr-McGee complied but contested the citation. An administrative law judge rejected the operator’s claim, and the Commission affirmed, holding that § 813(f) did not violate the NLRA. 15 F M. S. H. R. C., at 362-363. The Commission eventually fined Kerr-McGee a total of $300 for its noncompliance.
App. to Pet. for Cert. A-24. Before the Court of Appeals ruled on the appeal from the preliminary injunction, the District Court held a trial and entered a permanent injunction in favor of petitioner. See Thunder Basin Coal Co. v. Martin, No. 91-CV-0050-B (D. Wyo., Mar. 13, 1992). The Court of Appeals subsequently denied petitioner’s motion to stay appeal of the preliminary injunction and to consolidate the two cases, finding conclusive its holding that the District Court lacked jurisdiction. 969 F. 2d 970, 973, n. 3 (CA10 1992).
Because court of appeals review is available, this case does not implicate “ ‘the strong presumption that Congress did not mean to prohibit all judicial review.’ ” Bowen v. Michigan Academy of Family Physicians, 476 U. S. 667, 672 (1986), quoting Dunlop v. Bachowski, 421 U. S. 560, 567 (1975).
30 U. S. C. § 823(d)(2). The Commission exercises discretionary review over any case involving, among others, a “substantial question of law, policy or discretion,” § 823(d)(2)(A)(ii)(IV), and may review on its own initiative any decision “contrary to law or Commission policy” or in which “a novel question of policy has been presented,” § 823(d)(2)(B). Any ALJ decision not granted review by the Commission within 40 days becomes a “final decision of the Commission.” § 823(d)(1).
The statutory criteria are “the operator’s history of previous violations, the appropriateness of such penalty to the size of the business of the operator charged, whether the operator was negligent, the effect on the operator’s ability to continue in business, the gravity of the violation, and the demonstrated good faith of the person charged in attempting to achieve rapid compliance.” 30 U. S. C. §820(i).
Petitioner points to § 960, which provides that “no justice, judge, or court of the United States shall” enjoin enforcement of interim mandatory-health and safety standards, and to § 815(a), which provides that citations not contested in a timely manner are “not subject to review by any court or agency,” as evidence that Congress expressly prohibited federal jurisdiction when it so intended. Petitioner misconstrues § 960, which bars a certain form of relief but says nothing about the appropriate forum for a challenge. Section 815(a) similarly provides only that failure timely to challenge a citation precludes review before the Commission and court of appeals; it does not suggest that district court review is otherwise available. In light of the Act’s other provisions granting district courts jurisdiction over challenges brought only by the Secretary, §§ 818(a) and 820(j), petitioner’s argument based on the maxim expressio unius est exclusio alterius is unpersuasive.
In February 1972, for example, 125 persons were killed when a mine dam broke at Buffalo Creek in West Virginia. Leg. Hist. 592. See generally G. Stern, The Buffalo Creek Disaster (1976). Ninety-one miners died of carbon monoxide asphyxiation in May 1972 at the Sunshine Silver Mine in Idaho. In July 1972, nine miners were killed in a mine fire in Blacks-ville, W. Va., and in March 1976, 23 miners and 3 federal inspectors died in methane gas explosions at the Scotia coal mine in Kentucky. Ibid.
The House and Senate Committee Reports observed that these accidents resulted from hazards that were remediable and that in many cases already had been the object of repeated enforcement efforts. See generally Leg. Hist. 362, 371, 592-593, 637. The 1972 Buffalo Creek disaster, for example, occurred after the mine had been assessed over $1.5 million in penalties, “not one cent of which had been paid.” Id., at 631. Sixty-two ventilation violations were noted in the two years prior to the Scotia gas explosions, but the imposed penalties failed to coerce compliance. Id., at 629-630.
The 1977 Mine Act renamed and amended the Federal Coal Mine Health and Safety Act of 1969 (Coal- Act), 91 Stat. 1290, and repealed the Federal Metal and Nonmetallic Mine Safety Act of 1966, id., at 1322.
The Senate Report found it “unacceptable that years after enactment of these mine safety laws . .. [m]ine operators still find it cheaper to pay minimal civil penalties than to make the capital investments necessary to adequately abate unsafe or unhealthy conditions, and there is still' no means by which the government can bring habitual and chronic violators of the law into compliance.” Leg. Hist. 592; see also id., at 597.
Id., at 633. The Senate Report explained:
“The Committee firmly believes that to effectively induce compliance, the penalty must be paid by the operator in reasonably close time proximity to the occurrence of the underlying violation. A number of problems with the current penalty assessment and collection system interfere with this. Final determinations of penalties are not self-enforcing, and opera
The Senate Report’s citation, see Leg. Hist. 602, of Bituminous Coal Operators’ Assn. v. Secretary of Interior, 547 F. 2d 240 (CA4 1977) (holding that pre-enforcement district court challenges were not precluded under the 1969 Coal Act), does not support petitioner’s claim that Congress intended to preserve district court jurisdiction over pre-enforcement suits. That case was cited for an unrelated proposition and does not constitute a “settled judicial construction” that Congress presumptively preserved. United States v. Powell, 379 U. S. 48, 55, n. 13 (1964); see also Keene Corp. v. United States, 508 U. S. 200, 207-209 (1993).
See Cyprus Empire Corp. v. Secretary, 15 F. M. S. H. R. C. 10 (1993) (striking workers’ entitlement to walk-around representation); Council of Southern Mountains, Inc. v. Martin County Coal Corp., 6 F. M. S. H. R. C. 206 (1984), aff’d sub nom. Council of Southern Mountains, Inc. v. FMS-HRC, 751 F. 2d 1418 (CADC 1985) (nonemployee miners’ representative entitlement to monitor training courses at the mine); Magma Copper Co. v. Secretary, 1 F. M. S. H. R. C. 1948 (1979), aff’d in part, 645 F. 2d 694 (CA9 1981) (compensation for multiple miners’ representatives).
See Kerr-McGee Coal Corp. v. Secretary, 15 F. M. S. H. R. C. 352 (1993). The Commission concluded that there was “no basis” for limiting the designation of miners’ representatives to “member[s] of a union that also represents the miners for collective bargaining purposes under the NLRA,” id., at 361, since the “discrete safety and health purpose of the Mine Act .... render these NLRA principles inapplicable here,” id., at 362. The Commission noted that the preamble to 30 CFR pt. 40 expressly disapproves incorporation of the NLRA’s majoritarian representation principles, 15 F. M. S. H. R. C., at 359, and n. 8, and rejected petitioner’s property-rights claim, since “Lechmere does not reverse walkaround law as it has developed under the Mine Act.” Id., at 362. Cf. Emery Mining Corp. v. Secretary, 10 F. M. S. H. R. C. 276 (1988), aff’d in part and rev’d in part sub nom. Utah Power & Light Co. v. Secretary of Labor, 897 F. 2d
See Secretary v. Jim Walter Resources, Inc., 9 F. M. S. H. R. C. 1305, 1306-1307 (1987), aff’d, 920 F. 2d 738 (CA11 1990) (due process); Secretary v. Alabama By-Products Corp., 4 F. M. S. H. R. C. 2128, 2129-2130 (1982) (vagueness); Secretary v. Richardson, 3 F. M. S. H. R. C. 8, 21-28 (1981) (equal protection). Kaiser Coal Corp. v. Secretary, 10 F. M. S. H. R. C. 1165 (1988), does not suggest otherwise, but simply held that declaratory relief from the Commission was unavailable for a question already under consideration in the Court of Appeals.
Cf. Weinberger v. Salfi, 422 U. S. 749, 762 (1975). This case thus does not present the “serious constitutional question” that would arise if an agency statute were construed to preclude all judicial review of a constitutional claim. See Bowen v. Michigan Academy of Family Physicians, 476 U. S. 667, 681, n. 12 (1986).
Without addressing the merits of petitioner’s underlying claim, we note that petitioner appears to misconstrue Lechmere, Inc. v. NLRB, 502 U. S. 527 (1992). The right of employers to exclude union organizers from their private property emanates from state common law, and while this right is not superseded by the NLRA, nothing in the NLRA expressly protects it. To the contrary, this Court consistently has maintained that the NLRA may entitle union employees to obtain access to an employer’s property under limited circumstances. See id., at 537; NLRB v. Babcock & Wilcox Co., 351 U. S. 105, 112 (1956). Moreover, in a related context, the Court has held that Congress’ interest in regulating the mining industry may justify limiting the private property interests of mine operators. See Donovan v. Dewey, 452 U. S. 594 (1981) (unannounced Mine Act inspections do not violate the Fourth Amendment).
We note that petitioner expressly disavows any abstract challenge to the Mine Act’s statutory review scheme, but limits its due process claim to the present situation where the Act allegedly requires petitioner to relinquish an independent statutory right. See Brief for Petitioner 31, n. 31.
Because we have resolved this dispute on statutory preclusion grounds, we do not reach the parties’ arguments concerning final agency action, a cause of action, ripeness, and exhaustion.
Concurring Opinion
I join all except Parts III-B, IV, and V of the Court’s opinion. The first of these consists of a discussion of the legislative history of the Federal Mine Safety and Health Amendments Act of 1977,30 U. S. C. § 801 et seq. (1988 ed. and Supp. IV), which is found to “confirfm],” ante, at 209, the Court’s interpretation of the statute. I find that discussion unnecessary to the decision. It serves to maintain the illusion that legislative history is an important factor in this Court’s deciding of cases, as opposed to an omnipresent makeweight for decisions arrived at on other grounds. See Wisconsin Public Intervenor v. Mortier, 501 U. S. 597, 617, 621 (1991) (Scalia, J., concurring in judgment).
As to Part V: The only additional analysis introduced in that brief section is the proposition that “the parties’ arguments concerning final agency action, a cause of action, ripeness, and exhaustion” need not be reached “[b]ecause we have resolved this dispute on statutory preclusion grounds.” Ante, at 218, n. 23. That is true enough as to the claims disposed of in Part III, but quite obviously not true as to the constitutional claim disposed of in Part IV, which is rejected not on preclusion grounds but on the merits.
In my view, however, the preclusion of pre-enforcement judicial review is constitutional whether or not compliance produces irreparable harm — at least if a summary penalty does not cause irreparable harm (e. g., if it is a recoverable summary fine) or if judicial review is provided before a penalty for wowcompliance can be imposed. (The latter condition exists here, as it does in most cases, because the penalty for noncompliance can only be imposed in court.) Were it otherwise, the availability of pre-enforcement challenges would have to be the rule rather than the exception, since complying with a regulation later held invalid almost always
I understand Part IV to be dealing with the issue of whether the exclusion of judicial review adjudged in Part III is constitutional. Even though, as Part III has determined, the Federal Mine Safety and Health Amendments Act of 1977 precludes judicial review of the agency action that is the subject of the present suit, the district court retains jurisdiction under the grant of general federal-question jurisdiction, see 28 U. S. C. § 1331, for the limited purpose of determining whether that preclusion itself is unconstitutional and hence ineffective. Cf. Ng Fung Ho v. White, 259 U. S. 276, 282-285 (1922) (permitting habeas corpus review of deportation orders); Battaglia v. General Motors Corp., 169 F. 2d 254, 257 (CA2 1948).
Reference
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