Geo-Environmental Associates (ALJ decision, August 6, 2007)

Plain-English summary

The Commission had earlier reinstated Citation No. 7044409 and remanded the civil penalty case for assessment of a penalty. The parties later reported that the underlying citation had been vacated and jointly asked to dismiss the penalty proceeding. Geo-Environmental Associates also agreed to withdraw its application for attorney fees and expenses under the Equal Access to Justice Act. Judge Michael E. Zielinski granted the joint motion and dismissed both proceedings.

Decision snapshot

• Cited standard(s): None stated in this dismissal order
• Outcome: The civil penalty case and the Equal Access to Justice proceeding were dismissed.
• Key point: Once the underlying citation was vacated and the operator withdrew its fee application, no issue remained for decision.

Full text (FMSHRC public release)

FMSHRC ALJ Decision

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 New Jersey Avenue, N.W., Suite 9500

Washington, D.C. 20001

August 6, 2007

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

GEO-ENVIRONMENTAL ASSOCIATES

Respondent

GEO-ENVIRONMENTAL ASSOCIATES

Applicant

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SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Respondent

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CIVIL PENALTY PROCEEDING

Docket No. KENT 2002-251

A.C. No. 15-05106-03501 WNH

EQUAL ACCESS TO JUSTICE

PROCEEDING

Docket No. EAJ 2004-01

Formerly KENT 2002-251

Mine ID 15-05106-03501 WNH

Preparation Plant

ORDER OF DISMISSAL

Before: Judge Zielinski

The Civil Penalty Proceeding is before me on remand from the Commision, which by Decision dated May 30, 2006, reversed the dismissal of Citation No. 7044409, and remanded for assessment of a civil penalty. Martin County Coal, Corp, 28 FMSHRC 247, 258-59 (May 2006). The parties have jointly filed a motion to dismiss the petition on grounds that the underlying Citation No. 7044409 has now been vacated.

Respondent, GEO-Environmental has agreed to
withdraw its application for attorney’s fees and expenses under the Equal Access to Justice Act, and has joined in the motion to dismiss the Equal Access to Justice Proceeding.

Upon consideration of the foregoing, the motion is hereby GRANTED and these cases are hereby DISMISSED.

Michael E. Zielinski

Administrative Law Judge

Distribution:

James B. Crawford, Esq., Office of the Solicitor, U.S. Department of Labor, 1100 Wilson Blvd., 22nd Floor, Arlington, VA 22209

Mark E. Heath, Esq., Spilman, Thomas & Battle, PLLC, 300 Kanawha Blvd. East, P.O. Box 273, Charleston, WV 25321

/mh