Where the owner of a salt mine has filed a petition seeking review of an order issued by the Federal Mine Safety and Health Review Commission, the petition should be dismissed as premature because the order is not a final one.
“Cargill, Inc., owner of a salt mine in Cleveland, seeks review of an order issued by the Federal Mine Safety and Health Review Commission that reversed an administrative law judge’s decision and remanded the matter for further proceedings. The Secretary of Labor, Mine Safety and Health Administration moves to dismiss the petition given the absence of a final order. Because the Commission’s order is not a final one, we grant the motion and dismiss the petition. …
“Unless Congress specifically tells us otherwise, we may review administrative decisions only after the agency process results in a final order. ‘The strong presumption,’ the Supreme Court has explained, ‘is that judicial review will be available only when agency action becomes final.’ Bell v. New Jersey, 461 U.S. 773, 778 (1983). This is not a new idea, whether with respect to agency decisions or run-of-the-mine district court decisions. …
“In this instance, Congress did not rebut the presumption of finality when it enacted the Mine Safety and Health Act and authorized review of the agency’s decisions. …
“All of this explains why every circuit to consider this issue has concluded that the Act does not rebut Bell‘s strong finality presumption. …
“… What Cargill really wants is permission to bring a piecemeal appeal. Yet that’s just what the finality requirement prevents. …
“For these reasons, the motion to dismiss is GRANTED and the petition is DISMISSED.”