Trucking Laws · West Virginia · November 6, 2026

West Virginia's KC Transport Asks the Supreme Court to Rule Its Truck Repair Shop Is Not a Mine After an MSHA Citation

By Big Rig Daily Staff

KC Transport of Emmett, West Virginia, asked the U.S. Supreme Court on Nov. 5, 2026, to overturn a ruling that classified its off-site truck repair shop as a mine under the federal Mine Act, according to Pacific Legal Foundation and WV News. The case is KC Transport, Inc. v. Secretary of Labor.

How the fight started

In March 2019, a federal mine inspector cited the shop for workers repairing trucks without wheel blocks and proposed $8,251 in civil penalties, Pacific Legal Foundation says. The Federal Mine Safety and Health Review Commission first sided with KC and vacated the citations. A divided U.S. Court of Appeals for the D.C. Circuit later sided with the Secretary of Labor.

After the Supreme Court's Loper Bright decision ended agency deference, the same divided panel ruled again in April 2026 that the shop qualifies as a mine. The full D.C. Circuit declined to rehear the case, Pacific Legal Foundation says. This is KC's second trip to the Supreme Court on the dispute.

What KC argues

KC argues that under any fair reading, a repair shop where nobody extracts, mills or prepares minerals is not a mine. Pacific Legal Foundation represents the carrier at no cost, with co-counsel Pence Law Firm. Attorney Adi Dynar said the government cannot regulate the shop as a mine if no mining work happens there.

Pacific Legal Foundation also says the D.C. Circuit's approach conflicts with decisions from the Sixth Circuit and other courts holding that a repair facility is not a mine unless it is part of, or next to, one.

Why it matters to truckers

If a truck shop miles from a pit counts as a mine, mechanics and carriers that only haul or repair equipment could face Mine Safety and Health Administration rules meant for mining sites. Broader shop and roadside rules sit with our trucking laws guide. The Supreme Court has not ruled on this petition. Nothing in the sources changes shop rules today.

Quick facts

• Citation year: 2019; proposed penalties: $8,251.
• Latest appeals ruling cited: April 2026, divided D.C. Circuit.
• Petition filed: Nov. 5, 2026.
• Representation: Pacific Legal Foundation at no cost to KC.

FAQ

Did the Supreme Court agree to hear the KC Transport MSHA case?

Not in the sources reviewed. KC has asked the Court to take the case.

Is the KC Transport truck repair shop at a mine site?

KC and Pacific Legal Foundation describe an off-site truck repair shop where no extraction, milling or preparation takes place.

What did Loper Bright change for the KC Transport MSHA fight?

It ended judicial deference to agency readings of ambiguous statutes, which is why the D.C. Circuit reconsidered and again ruled against KC, according to Pacific Legal Foundation.

A question for readers

Truckers, should a repair bay that never digs coal live under mine rules, or under the same shop rules every other mechanic already knows?

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