Mustang Fuels Corporation (ALJ decision, December 6, 1991)

Plain-English summary

Mustang Fuels Corporation faced a civil penalty proceeding under the Mine Act. The parties asked the judge to approve a settlement and dismiss the case. Judge Roy J. Maurer approved a reduction of the proposed penalty from $450 to $175 and ordered Mustang Fuels to pay $175 within 30 days. The decision found the settlement appropriate under the statutory penalty criteria.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 815(d) and 820(i)
• Outcome: The settlement was approved, the penalty was reduced to $175, and payment was ordered within 30 days.
• Key point: The ALJ approved a negotiated civil penalty reduction after reviewing the parties' representations and documentation.

Full text (FMSHRC public release)

+CCASE:
SOL (MSHA) V. MUSTANG FUELS
DDATE:
19911206
TTEXT:

Page 2

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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 91-100
PETITIONER
A. C. No. 15-16901-03502

v. No. 1 Mine

MUSTANG FUELS CORPORATION,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Maurer

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). The parties have filed a motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $450 to $175 is proposed. 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 is GRANTED, and it is ORDERED that respondent pay a penalty of $175 within 30 days of this order.

Roy J. Maurer
Administrative Law Judge