Ezel / Agency Decisions / KENT 86-8

Green River Coal Company, Inc. (ALJ decision, June 29, 1987)

Green River Coal Company, Inc. (FMSHRC KENT 86-8): Settlement approved with a $500 penalty

Decision type
ALJ decision
Docket
KENT 86-8
Decided
June 29, 1987
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-21
Cited standards
30 U.S.C. § 815(d) 30 U.S.C. § 820(i)
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

Green River Coal Company operated the Green River No. 9 mine. The Secretary of Labor and the company proposed modifying the order at issue to a citation under section 104(a) of the Mine Act and settling the civil penalty for $500. Judge Gary Melick found the settlement appropriate under the statutory criteria and approved it. The company was ordered to pay the $500 penalty within 30 days.

Decision snapshot

  • Cited authority: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
  • Outcome: The settlement was approved, the order was modified to a section 104(a) citation, and a $500 penalty was assessed.
  • Key point: The judge approved the proposed settlement after considering the parties' representations and supporting documentation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. GREEN COAL
DDATE:
19870629
TTEXT:

Page 2

~1163
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 86-8
PETITIONER
MSHA NO. 15-13469-03544

v. Mine: Green River No. 9

GREEN RIVER COAL COMPANY, INC.
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Mary Sue Ray, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee, for the Petitioner; Flem Gordon, Esq., Gordon and Gordon, Owensboro, Kentucky, for the Respondent.

Before: Judge Melick

This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). At hearing Petitioner filed a motion to approve a settlement agreement and to dismiss the case. A modification of the order at bar to a citation under Section 104(a) of the act is proposed and Respondent has agreed to pay the proposed penalty of $500 in full. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement if GRANTED, and it is ORDERED that Respondent pay a penalty of $500 within 30 days of this order.

Gary Melick
Administrative Law Judge

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