Ezel / Agency Decisions / CENT 84-39

Secretary of Labor v. Peabody Coal Company (ALJ decision, February 12, 1985)

Secretary of Labor v. Peabody Coal Company (FMSHRC CENT 84-39): $241 penalty settlement approved

Decision type
ALJ decision
Docket
CENT 84-39
Decided
February 12, 1985
Presiding judge
Joseph B. Kennedy
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1985 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1985
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This settlement approval became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index for this docket. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Peabody Coal Company and the Secretary of Labor asked the judge to approve a settlement in a civil penalty case involving the Power Surface Mine. The agreed $241 penalty matched the amount initially assessed. Judge Joseph B. Kennedy said he independently reviewed the record and found the settlement consistent with the Mine Act's purposes. He ordered Peabody to pay $241 by March 1, 1985, after which the case would be dismissed. The decision does not identify the cited violation or safety standard.

Decision snapshot

  • Cited standard(s): None identified in this settlement order.
  • Outcome: $241 settlement approved, payable by March 1, 1985; case dismissed subject to payment.
  • Key point: The parties settled at the initially assessed penalty amount.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PEABODY COAL
DDATE:
19850212
TTEXT:
~231
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. CENT 84-39
PETITIONER
A.C. No. 23-00402-03505
v.
Power Surface Mine
PEABODY COAL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Kennedy

This matter is before me on the parties' motion to approve settlement of the captioned matter at the amount initially assessed.

Based on an independent evaluation and de novo review of the circumstances as set forth in the record of this proceeding, I find the settlement proposed is in accord with the purposes and policy of the Act. Compare, United States Steel Corporation, 5 FMSHRC 954 (1982), appeal pending Eighth Circuit.

Accordingly, it is ORDERED that the operator pay the amount of the penalty agreed upon, $241, on or before Friday, March 1, 1985, and that subject to payment the captioned matter be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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