R. Henry Moore

BIOGRAPHY
Phone: (412) 434-8055 | Fax: (412) 434-8062 | Email: rhmoore@jacksonkelly.com
Three Gateway Center, 401 Liberty Ave, Suite 1500, Pittsburgh, PA 15222


R. Henry "Hank" Moore is a Member of Jackson Kelly PLLC and is the Manager of the Firm's Pittsburgh, Pennsylvania, office.

Mr. Moore is a member of the Firm's nationwide Occupational Safety and Health Practice Group.  His practice is primarily concentrated in the areas of compliance counseling, litigation of civil and criminal enforcement matters, accident investigation and discrimination claims under both state and federal statutory provisions.  His career in occupational safety and health law commenced in 1978, and he has counseled clients in a variety of industries, including coal mining, metal and nonmetal mining, stone, sand and gravel operations.  In addition, his practice extends to labor and employment issues, including representing employers in investigations by the U.S. Department of Labor and in litigation under the various federal whistleblower statutes.

Mr. Moore was a member of the lead defense team and successfully represented several corporate and individual clients in nationwide dust sampling fraud litigation under the Federal Mine Safety and Health Act of 1977.  He has represented clients subject to criminal investigation and prosecution under the Federal Mine Safety and Health Act, including the falsification of training records and tampering with respirable coal mine dust samples. He has represented mine operators in cases involving mine explosions which resulted in multiple fatalities in proceedings up through appeals to the United States Court of Appeals. On a number of occasions, he has been involved at the mine site immediately after an explosion to counsel the operator through the initial phases of rescue and recovery. He has represented mine operators in other cases up through the United States Court of Appeals involving issues of coal mine ventilation, mine safety discrimination and liability for contractor violations. 

Mr. Moore serves as safety and health counsel to the Pennsylvania Coal Association.

Some of the cases he has been involved in are:
 

  • Cumberland Coal Resources, LP v. Federal Mine Safety and Health Review Com'n, 515 F.3d 247 (C.A.3, 2008) (mine ventilation)
  • Cyprus Emerald Resources Corp. v. Federal Mine Safety, Health Review Com'n, 195 F.3d 42, (C.A.D.C., 1999) (interpretation of Mine Act re: injury reporting)
  • Secretary of Labor v. Keystone Coal Min. Corp., 151 F.3d 1096 (C.A.D.C. 1998) (industry wide trial on respirable dust tampering)
  • Maxxim Rebuild Company LLC v. Federal Mine Safety and Health Review Com'n, 848 F.3d 737 (6th Cir. 2017) (MSHA jurisdiction)
  • Plateau Mining Corp. v. Federal Mine Safety and Health Review Com'n, 519 F.3d 1176 (C.A.10, 2009) (mine ventilation and explosion)
  • Secretary of Labor v. Twentymile Coal Co., 456 F.3d 151 (C.A.D.C. 2006) (contractor liability under the Mine Act)
  • Wolf Run Mining Company, 36 FMSHRC 1951 (Rev. Comm. Aug. 2014) (Sago Mine explosion involving 12 fatalities)
  • Wolf Run Mining Company, 35 FMSHRC 536 (Rev. Comm. March 2013 (determination of the definition of a "flagrant" violation of the Mine Act)
  • Prairie State Generating Co. v. Secretary of Labor, 792 F.3d 82 (D.C. Cir. 2015) (challenge to provisioning mine ventilation and roof control plans)
  • Sumpter v. Secretary of Labor, 763 F.2d 1292 (11th Cir. 2014) (challenge to imposition of individual penalties for knowing violations of Mine Act)
  • U.S. v. Pitt-Des Moines, Inc., 168 F.3d 976 (7th Cir. 1999) (criminal OSHA case involving collapse of structural steel during construction of new post office in Chicago)

Mr. Moore is a 1976 graduate of the Dickinson School of Law and a 1972 graduate of Dartmouth College.  He is admitted to practice before the Pennsylvania Supreme Court, the U.S. District Court for the Western District of Pennsylvania and the U.S. Courts of Appeals for the Third, Fourth, Sixth, Seventh, Ninth and District of Columbia Circuits. 

 

 
Legal Experience
 
2004 - PresentJackson Kelly PLLC
1987Buchanan Ingersoll PC
1976Rose Schmidt Dixon
 
Education
 
1976J.D.Pennsylvania State University Dickinson School of Law
1972B.A.Dartmouth College (Classical Languages)
 
Bar Admissions
 
1976Pennsylvania
 
Court Admissions
 
2012U.S. Court of Appeals, Eighth Circuit
2012U.S. Court of Appeals, Eleventh Circuit
2006U.S. Court of Appeals, Tenth Circuit
1997U.S. Court of Appeals, Seventh Circuit
1993U.S. Court of Appeals, Ninth Circuit
1982U.S. Court of Appeals, Sixth Circuit
1981U.S. Court of Appeals, Fourth Circuit
1978U.S. Court of Appeals, Third Circuit
1976U.S. Court of Appeals, DC Circuit
1976U.S. District Court, Western District of Pennsylvania

Professional Involvement:
  • Trustee - Energy & Mineral Law Foundation
  • Director - Pittsburgh Coal Mining Institute of America
  • Member - Occupational Safety and Health Law Committee, ABA

Teaching and Lecturing:
  • Panelist, "MSHA Issues," EMLF 36th Annual Institute, Amelia Island, Florida, June 21-23, 2015
  • Speaker, "Respirable Dust Sampling: What MSHA Can Do to You Without New Rules," EMLF Kentucky Mineral Law Conference, Lexington, Kentucky, Oct. 24, 2013 
  • Speaker, "Federal MSHA Regulations Update," Pittsburgh Coal Mining Institute of America and Pennsylvania Coal Alliance 22nd Annual Safety and Health Law Seminar, Greensburg, Pennsylvania, June 20, 2013
  • University of Pittsburgh School of Public Health, Occupational Safety and Health Law (pre 1987)
  • Discrimination Under the FMSHA (pre 1987) (EMLF)
  • Remedies for Discrimination Under the FMSHA (EMLF)
  • Practice and Procedure Before the Federal Mine Safety and Health Review Commission (NMA)

Writings and Publications:

Awards and Honors:
  • Named the Best Lawyers' 2018 Pittsburgh Natural Resources Law "Lawyer of the Year" 
  • Named the Best Lawyers' 2017 Pittsburgh, Pennsylvania, Mining Law "Lawyer of the Year" 
  • Named in the Pennsylvania Super Lawyers® in the area of Employment & Labor Law, 2013-2015
  • Named among the 2013 Who's Who in Energy by Pittsburgh Business Times
  • Listed in the Employment Section of 2013 Super Lawyers® Business Edition for Employment & Labor
  • Selected by his peers for inclusion in The Best Lawyers in America® for Mining Law and Natural Resources Law, 2009-2018
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