Federal Mine Safety Commissioner Dismisses Challenge to His Unlawful Removal; Miners’ Safety Put at Risk by Supreme Court’s Decision in Slaughter 

Former Commissioner Warns That Lack of Independence Benefits Industry to the Detriment of Miners 

Washington, D.C. (September 2, 2026) – Today, Moshe Z. Marvit voluntarily dismissed his lawsuit against the Trump administration challenging his removal from the Federal Mine Safety and Health Review Commission (FMSHRC), in light of the Supreme Court majority’s recent decision in Trump v. Slaughter. 

The FMSHRC is the formerly independent agency that, among other duties, decides whether mine operators must pay penalties for safety violations, hears whistleblower retaliation complaints from miners, and reviews mine closure orders. The FMSHRC is the only forum where miners’ health and safety issues can be heard and adjudicated.  

Statement from Moshe Z. Marvit: 

“One of Congress’s goals in establishing the Federal Mine Safety and Health Review Commission was to provide miners with an independent forum to protect their rights in disputes with large mining corporations over critical safety concerns. Since 1977, the Commission has fulfilled that role, and its independence has benefited miners and industry alike. While the Commission still exists, it is no longer independent and is now—thanks to the President’s firing of me and the Supreme Court majority’s decision in Slaughter—subject to the political influence that Congress deliberately sought to avoid.

“I brought this case to protect an institution that miners rely on, that can literally serve as the difference between life and death for mine workers.

“I hope that future presidents and Congress will again make miner safety a priority and actively improve the condition of miners, rather than using miners as a political talking point while in fact making their working conditions less safe. Miner safety depends on the restoration of the Mine Safety Commission to its apolitical and independent status. Without an independent agency overseeing government enforcement of the Mine Act, more miners will die on the job in accidents that could have been prevented through proper enforcement and oversight of the Mine Act’s requirements.”

Statement from Hugh Baran, counsel for Mr. Marvit:  

“Commissioner Marvit has decided to voluntarily dismiss his lawsuit because of the Supreme Court majority’s decision to strike down removal protections for independent agency heads at multi-member commissions, ignoring Congress’s intention to establish unbiased review processes at commissions including the FMSHRC.   

“While we believe Slaughter was wrongly decided, it appears that our client’s challenge to his removal is unlikely to succeed under the Supreme Court majority’s current framework, Mr. Marvit has decided to voluntarily dismiss his lawsuit.”  

“Now with the fear of removal hanging over Commissioners’ heads if they decide against the president’s preferred outcome, the FMSHRC will no longer be a trusted arbiter of disputes between industry and miners — and miners’ safety will suffer. Make no mistake: more miners will die or be seriously injured on the job because of the Supreme Court majority’s decision in Slaughter.” 

The complaint, Marvit v. Trump et al., was originally filed in the United States District Court for the District of Columbia in May 2026 following Mr. Marvit’s firing from the FMSHRC. 

Mr. Marvit is represented by Lisa Banks, Hugh Baran, Pamela J. Stone, and Emma Walters of Katz Banks Kumin LLP. 

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The attorneys of Katz Banks Kumin are nationally recognized leaders in the areas of whistleblower law, discrimination and sexual harassment law, wage and hour class actions, employment law, and civil rights and civil liberties matters. They are dogged advocates for their clients and are highly regarded by their adversaries for their tenacious representation. The firm handles cases nationwide with offices in Washington, D.C., New York, Philadelphia, and San Francisco.