Case Explained: MOSenecaManufacturer, LLC, doing business as American Tripoli v. Federal Mine Safety and Health Review Commission; Secretary of Labor

Court: United States Court of Appeals for the Eighth Circuit Filed: 2026-08-07 The eighth-circuit dismissed MOSenecaManufacturer, LLC’s petition for review of the Federal Mine Safety and Health Review Commission’s orders. The court held that the petition was procedurally defective because it failed to comply with Federal Rule of Appellate Procedure 15(a)(2)(C), which requires a petitioner to specify the order or part thereof to be reviewed. Although the petitioner attached the Commission’s orders dismissing the proceeding for failure to comply with prior directives and denying reconsideration, its briefing exclusively advanced constitutional arguments regarding the merits of an Administrative Law Judge’s decision that it had not designated in the petition. The court found that no intent to seek review of the ALJ’s merits decision could be fairly inferred from the petition or contemporaneous filings, as the document contained no reference to those substantive issues and only challenged the procedural dismissal orders. Consequently, the court dismissed the petition without addressing the underlying constitutional claims. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.