407 ...................................................................................................................... 5 LEGISLATIVE MATERIALS Rules Implementing the Federal Coal Mine Health & Safety Act of 1969, 65 Fed. Reg. 79,920 (Dec. 20, 2000) ...................................................................................... 15 Case 1:16-cv-00669-JDB Document 10-1 Filed 08/05/16 Page 8 of 41 1 INTRODUCTION Ignoring a clear command from Congress and contravening well-settled precedent of the Supreme Court and the D.C. Circuit, Plaintiff Arch Coal, Inc. (“Arch”) seeks to circumvent a carefully calibrated administrative review scheme by filing this lawsuit for declaratory and injunctive relief apparently out of a concern that it might be liable for several dozen claims for benefits under the Black Lung Benefits Act, as amended, 30 U.S.C. §§ 901–945 (“BLBA” or “the Act”). That, it cannot do.

For Claimant LOIS A. KITTS, Esq. For Employer Before: JANICE K. BULLARD Administrative Law Judge DECISION AND ORDER DENYING BENEFITS This proceeding arises from a living miner’s clairn for benefits under the Black Lung Act, 30 U.S.C. §§901-945 ("the Act") and the regulations issued thereunder, which are found in Title 20 of the Code of Federal Regulations. Regulations referred to herein are contained in that Title.

(BPR No. 22107) FRANTZ, MCCONNELL & SEYMOUR, LLP P.O. Box 39 Knoxville, TN 37901 (865) 546-9321 Counsel for Defendants Case 3:16-cv-00136-CCS Document 33 Filed 04/28/17 Page 1 of 1 PageID #: 815 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE PHILLIS S. BYRGE on behalf of the Estate of REDDIN BYRGE, Plaintiff, v. PREMIUM COAL COMPANY, INC. and OLD REPUBLIC INSURANCE COMPANY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 3:16-cv-136-CCS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT’S MOTION TO ALTER OR AMEND JUDGMENT I. INTRODUCTION On March 31, 2017, this Court granted plaintiff’s Motion for Summary Judgment, holding the defendants liable for the payment of a penalty, plus interest on benefits awarded to the plaintiff under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (2016) (“BLBA” or “Black Lung Act”). Defendants opposed the motion on several grounds,1 including the fact that the payments made by defendants were timely and therefore precluded the imposition of a penalty, imposed automatically on untimely payments.

A, ALJ Award. The amount of monthly monetary 1 The Black Lung Benefits Act, 30 U.S.C. §§ 901–44, provides medical and modest monetary benefits for totally disabled coal miners who suffer from black lung disease—a latent, progressive, and irreversible lung disease more formally known as “pneumoconiosis.” Although the disease sounds like something from antiquity, recent epidemiological evidence shows a resurgence of even severe forms of the disease.