Ezel / Agency Decisions / HOPE 78-236

Westmoreland Coal Company (ALJ decision, September 28, 1987)

Westmoreland Coal Company (FMSHRC HOPE 78-236): Stay lifted and contest dismissed after withdrawal

Decision type
ALJ decision
Docket
HOPE 78-236
Decided
September 28, 1987
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-20
Cited standards
29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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 decision 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. 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

Westmoreland Coal Company asked to withdraw its contest of a mine-safety order based on an agreement with the Secretary of Labor. The United Mine Workers of America, the intervenor, did not object. Judge Gary Melick granted permission to withdraw under 29 C.F.R. § 2700.11, lifted the existing stay, and dismissed the proceeding.

Decision snapshot

  • Governing rule: 29 C.F.R. § 2700.11.
  • Outcome: The stay was lifted and the contest proceeding was dismissed after withdrawal was approved.
  • Key point: The judge ended the contest after the operator and the Secretary reached an agreement and the intervenor raised no objection.

Full text (FMSHRC public release)

CCASE:
WESTMORELAND COAL V. SOL (MSHA)
DDATE:
19870928
TTEXT:

Page 2

~1705

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

WESTMORELAND COAL COMPANY,
CONTEST PROCEEDING
CONTESTANT
Docket No. HOPE 78-236
v. Order No. 1 FTC; 2/10/78

SECRETARY OF LABOR,
Hampton No. 4 Mine
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

AND

UNITED MINE WORKERS OF
AMERICA (UMWA),
INTERVENOR

ORDER LIFTING STAY AND DISMISSING PROCEEDINGS

Contestant requests approval to withdraw its Contest in the captioned case based upon an agreement between Contestant and Respondent captioned "Statement of Modification and Agreement and Motion to Dismiss" filed by Respondent on August 11, 1987. The Intervenor has not filed any objection to the requested withdrawal.

Under the circumstances herein, permission to withdraw is granted. 29 CFR 2700.11. The Stay Order previously issued is accordingly now lifted and the case is therefore dismissed.

Gary Melick
Administrative Law Judge
(703) 756-6261

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