Ezel / Agency Decisions / KENT 83-225

Secretary of Labor (MSHA) v. Pyro Mining Company (ALJ decision, May 9, 1984)

Secretary of Labor (MSHA) v. Pyro Mining Company (FMSHRC KENT 83-225): $250 settlement approved

Decision type
ALJ decision
Docket
KENT 83-225
Decided
May 9, 1984
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 1984 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 1984
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 under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on 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

A civil penalty proceeding involving Pyro Mining Company's Pyro No. 9 Slope mine ended in a settlement. Judge Joseph B. Kennedy had denied an earlier proposal for $20 and offered to consider $250. The parties agreed to $250 in a renewed motion. The judge approved that motion and dismissed the case. This short order does not identify the underlying mine safety standard or describe the alleged violation.

Decision snapshot

  • Cited standard(s): None identified in this order.
  • Outcome: $250 settlement approved and proceeding dismissed.
  • Key point: The judge approved the parties' renewed settlement at the amount he had offered to consider.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PYRO MINING
DDATE:
19840509
TTEXT:
~1218

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. KENT 83-225
PETITIONER
A.C. No. 15-13881-03502
v.
Pyro No. 9 Slope
PYRO MINING COMPANY,
William Station
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Kennedy

By order of April 20, 1984, I denied the Secretary motion to approve settlement of this matter in the amount of $20.00 and offered to consider an amended motion in the amount of $250.00. On May 4, 1984, the Secretary renewed his motion setting forth that the parties had now agreed to settle the matter at the amount stipulated by the trial judge, namely, $250.

The premises considered, therefore, it is ORDERED that the motion to approve settlement and dismiss be, and hereby is, GRANTED, and the captioned matter DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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