Ezel / Agency Decisions / KENT 88-92-A

Green River Coal Company (ALJ decision, October 25, 1988)

Green River Coal Company (FMSHRC KENT 88-92-A): $800 settlement approved

Decision type
ALJ decision
Docket
KENT 88-92-A
Decided
October 25, 1988
Presiding judge
William Fauver
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-20
Cited standards
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 1988 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 1988
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 binding on the Commission in other cases. 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 agreed to settle a civil penalty proceeding involving its Green River No. 9 Mine. The settlement also covered payment of the penalty in a companion contest case. Judge William Fauver approved the settlement under the civil-penalty criteria in the Mine Act. The company was ordered to pay $800 within 30 days, after which the proceeding would be dismissed.

Decision snapshot

  • Cited authority: 30 U.S.C. § 820(i)
  • Outcome: The $800 settlement was approved, with dismissal ordered after payment.
  • Key point: The approved settlement resolved the civil penalty proceeding and the related contest case.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. GREEN RIVER COAL CO.
DDATE:
19881025
TTEXT:

Page 2

~1472
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 88-92-A
PETITIONER
A.C. No. 15-13469-03643

v. Green River No. 9 Mine

GREEN RIVER COAL COMPANY,
RESPONDENT

DECISION

Appearances: Flem Gordon, Esq., Gordon & Gordon, Owensboro, KY, for Green River Coal Co.;
Mary Sue Ray, Esq., Office of the Solicitor, U.S.
Department of Labor, Nashville, TN, for the Secretary of Labor.

Before: Judge Fauver

This is a civil penalty case under 110 of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. At a hearing of a companion contest case, Docket No. KENT 88Ä2ÄR, in Evansville, Indiana, the parties proposed a settlement agreement to include payment of the penalty proposed herein and dismissal of the contest case. The matter was considered under the criteria for civil penalties in 110(i) of the Act and approved.

This Decision confirms the bench decision at the hearing, approving the settlement.

ORDER

WHEREFORE IT IS ORDERED that Respondent shall pay the approved civil penalty of $800 within 30 days of this Decision and upon such payment this proceeding is DISMISSED.

William Fauver
Administrative Law Judge

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