Family-owned mining company files federal lawsuit challenging unlawful agency tribunal
May 29, 2025
St. Louis, MO; May 29, 2025: Today, a Missouri mining company filed an appeal challenging the use of agency tribunals in their dealings with the Mine Safety and Health Administration (MSHA), asking the court to end unconstitutional agency adjudication of mining-related labor disputes.
“Agency tribunals have no real judge and no jury. Judge and jury — that is the bare minimum the Constitution requires before the government can punish someone by taking their property,” said Adi Dynar, attorney at Pacific Legal Foundation. “Agency tribunals are not courts. And administrative law judges are not judges. It is time courts restore the Constitution’s scheme of justice and the rule of law.”
In 2023, American Tripoli fired a miner. According to the fired miner, he was let go because he spoke to a mine inspector. According to American Tripoli, he was let go because his output fell below standards.
The Mine Act prohibits mine owners from retaliating against miners for talking to mine inspectors. Whether that happened here is in dispute. Under the Constitution, those kinds of disputes are supposed to be settled by juries in Article III Courts. This is the essential function of juries, especially when both sides claim different things happened.
But American Tripoli found itself embroiled in agency adjudication: facing off against experienced government lawyers with the decision being made by an Administrative Law Judge — no jury in sight. While the ALJ is technically independent from the MSHA (they are part of the Federal Mine Safety and Health Review Commission), the process still favors the government: There’s no jury, normal rules of evidence don’t apply, and the agency bringing the charges appears repeatedly before the same ALJs. Ultimately, the ALJ slapped the mining company with more than $40,000 in fines.
The company then appealed the decision to the Review Commission, which declined to upset the ALJ’s decision. Now, they are asking the Eighth Circuit to declare that the agency adjudication structure Congress set up with respect to mining-related labor disputes is unconstitutional. If the Court agrees, it will go a long way in protecting due process and the rule of law.
The case is American Tripoli v. Labor Secretary and Federal Mine Safety and Health Review Commission.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.