Charles Scott Howard v. Cumberland River Coal Company (ALJ decision, December 8, 2010)

Plain-English summary

Charles Scott Howard requested attorney fees after receiving a favorable decision in his Mine Act discrimination case against Cumberland River Coal Company. The parties jointly moved to approve a settlement. Judge Margaret A. Miller found the proposed settlement appropriate and incorporated all of its terms into the order. Cumberland River was ordered to pay $124,174 to Tony Oppegard and $31,221 to Appalachian Citizens Law Center within 40 days, for a total of $155,395.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(c) and 29 C.F.R. § 2700.50 et seq.
• Outcome: The attorney-fee settlement was approved, requiring two payments totaling $155,395.
• Key point: The ALJ may approve a negotiated attorney-fee resolution following a favorable Mine Act discrimination decision.

Full text (FMSHRC public release)

FMSRHC ALJ DECISION

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

721 19th STREET, SUITE 443

DENVER, CO 80202-2500

303-844-5266/FAX 303-844-5268

December 8, 2010

CHARLES SCOTT HOWARD,

Complainant

v.

CUMBERLAND RIVER COAL COMPANY,

Respondent

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DISCRIMINATION PROCEEDING

Docket No. KENT 2008-736-D

BARB CD 2007-11

Mine ID: 15-18705

Mine: Band Mill No. 2

ORDER APPROVING SETTLEMENT

This matter is before me on Complainant’s request for attorneys fees following a favorable decision issued on August 13, 2010 in accordance with the provisions of section 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. (Mine Act) and 29 C.F.R. 2700.50 et seq. The parties have filed a joint motion to approve settlement.

I accept the representations and the agreements of the parties as set forth in the motion to approve settlement. I have considered the representations and documentation submitted, find that the proposed settlement is appropriate under the Act. The motion to approve settlement is GRANTED, and Cumberland River Coal Company is hereby ORDERED to pay, within 40 days of the date of this decision, on behalf of Respondent, Charles Scott Howard, one check in the amount of $124,174.00 made payable to Tony Oppegard and one check in the amount of
$31,221.00 made payable to Appalachian Citizens Law Center at the addresses listed in the motion. All other terms of the settlement agreement are hereby incorporated into this order.

Margaret A. Miller

Administrative Law Judge

Distribution: (U.S. First Class Mail)

Wes Addington, Esq., Appalachian Citizens Law Center, 317 Main St., Whitesburg, KY 41858

Timothy M. Biddle, Esq. and Willa B. Perlmutter, Esq., Crowell & Moring, LLP, 1001 Pennsylvania Ave., NW, Washington, D.C. 20004-2595

Tony Oppegard, Esq., P.O. Box 22446, Lexington, KY 40522