Ezel / Agency Decisions / KENT 91-1113

Walker Coal Company (ALJ decision, February 12, 1992)

Walker Coal Company (FMSHRC KENT 91-1113 and KENT 91-1114): Settlement approved at $4,000

Decision type
ALJ decision
Dockets
KENT 91-1113, KENT 91-1114
Decided
February 12, 1992
Presiding judge
James A. Broderick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 C.F.R. § 70.209(b) 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 1992 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 1992
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 approving a settlement, 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Walker Coal Company faced five alleged violations of 30 C.F.R. § 70.209(b) in two civil penalty proceedings. The parties disputed whether the violations resulted from a deliberate act and disagreed about the degree of negligence. Judge James A. Broderick approved their settlement, reducing the total proposed penalties from $5,000 to $4,000. The operator was ordered to pay $4,000 within 30 days.

Decision snapshot

  • Cited standard: 30 C.F.R. § 70.209(b)
  • Outcome: The settlement was approved and a $4,000 civil penalty was ordered.
  • Key point: The judge approved a negotiated reduction after considering the Mine Act's penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. WALKER COAL
DDATE:
19920212
TTEXT:

Page 2

~303
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 91-1113
PETITIONER
A.C. No. 15-14422-03553D
v.
Docket No. KENT 91-1114
WALKER COAL COMPANY,
A.C. No. 15-13359-03565D
RESPONDENT
No. 1 Mine

DECISION APPROVING SETTLEMENT

Before: Judge Broderick

On January 21, 1992, the Secretary filed a motion to approve a settlement between the parties in the above cases. The cases include five alleged violations of 30 C.F.R. 70.209(b), each of which was originally assessed at $1000. The Secretary continued to assert that the violations resulted from a deliberate act, which is denied by the mine operator. The degree of negligence is disputed, and the parties agree to the reduction in the total penalties from $5,000 to $4,000.

I have considered the motion in the light of the criteria in section 110(i) of the Act and conclude that it should be approved.

Accordingly, the settlement motion is APPROVED. The operator is ordered to pay within 30 days of the date of this order the sum of $4,000 for the violations charged in these proceedings.

James A. Broderick
Administrative Law Judge

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