In re: Contests of Respirable Dust Sample Alteration Citations (ALJ decision, January 2, 1996)

Plain-English summary

This master docket involved more than 3,700 contests concerning alleged alteration of respirable-dust samples. After the Secretary petitioned the U.S. Court of Appeals for the District of Columbia Circuit for review of the Commission's November 29, 1995 decision, Chief Administrative Law Judge Paul Merlin placed further submissions on hold. The parties were not required to make additional submissions until the Secretary decided whether to pursue the appeal. The judge ordered the Solicitor to advise him when that decision was made.

Decision snapshot

• Cited standards: None identified in this procedural order.
• Outcome: Further submissions were held in abeyance pending the Secretary's appeal decision.
• Key point: The order paused case activity to avoid unnecessary expense while an appeal decision was pending.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET N.W., 6TH FLOOR
WASHINGTON, D.C. 20006

January 2, 1996

IN RE: CONTESTS OF RESPIRABLE : Master Docket No. 91-1
DUST SAMPLE ALTERATION
:
CITATIONS
:
:
KEYSTONE COAL MINING CORPORATION : Docket Nos.PENN 91-451-R
: through
: PENN 91-503-R
v. :
: Docket Nos.PENN 91-1176-R
: through
SECRETARY OF LABOR, : PENN 91-1197-R
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA)
:
:
SECRETARY OF LABOR, : Docket Nos. PENN 91-1264
MINE SAFETY AND HEALTH : through
ADMINISTRATION (MSHA) : PENN 91-1266
: and
v. :
: Docket No. PENN 92-182
KEYSTONE COAL MINING CORPORATION
: Docket No. PENN 92-183
:
JIM WALTER RESOURCES,
:
INC., et al.,
:
Intervenors
:
:
UNITED MINE WORKERS
:
OF AMERICA (UMWA),
:
Representative of Miners:

ORDER

This matter is before me pursuant to the Commission’s decision dated November 29, 1995.

On December 28, 1995, the Secretary filed with the Court of Appeals for the District of Columbia a petition for review and a motion to hold the above captioned actions in abeyance until the Secretary decides whether or not to pursue an appeal. The Secretary’s motion states that he will not be able make a decision on an appeal until sometime after the Government shutdown ends.

Until a decision is made regarding appeal, the parties will not be in a position to determine how they wish to proceed with respect to cases in the

Page 2

Master docket. In order not to put the parties to
unnecessary expense with respect to the more than 3700
cases involved, I will not require submissions until
the question of appeal is resolved.

In light of the foregoing, it is ORDERED that the Solicitor advise me as soon as a decision is made regarding appeal.

Paul Merlin
Chief Administrative Law
Judge

Distribution

Jerold S. Feingold, Esq.
Stephen D. Turow, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd., 4th
Floor
Timothy M. Biddle, Esq.
Arlington, VA 22203
Crowell & Moring
1001 Pennsylvania Ave.,
R. Henry Moore, Esq.
N.W.
Buchanan Ingersoll
Washington, D.C. 20004
301 Grant St.
20th Floor
Michael T. Heenan, Esq.
Pittsburgh, PA 15219-
Smith, Heenan & Althen
1410
1110 Vermont Avenue, N.W.
Washington, D.C. 20005
Barry A. Woodbrey, Jr.,
Esq. John Palmer, Esq.
United Mine Workers of
Robinson & McElwee
America
P.O. Box 1791
900 15th St., N.W.
Charleston, WV 25326
Washington, D.C. 20005
H. Thomas Wells, Esq.
Laura E. Beverage, Esq.
Maynard, Cooper & Gale
Jackson & Kelly
1901 6th Avenue, N.W.
1660 Lincoln Street
Suite 2400
Denver, Colorado 80264
AmSouth/Harbert Plaza
Birmingham, AL 35203