Peabody Coal Company

Plain-English summary

Peabody Coal challenged a citation alleging a violation of 30 C.F.R. § 75.301. The Commission had granted Peabody’s petition for discretionary review after an adverse ALJ decision. MSHA later vacated the citation because a final rule expected to take effect would moot the issues, and Peabody did not object to dismissal. The Commission vacated the citation and assessed civil penalty with prejudice, vacated its direction for review, and dismissed the proceeding.

Decision snapshot

• Governing authority: 30 C.F.R. § 75.301
• Outcome: The citation and assessed civil penalty were vacated with prejudice, and the proceeding was dismissed.
• Key point: The Commission ended the case after MSHA vacated the disputed citation and the parties agreed that dismissal was appropriate.

Full text (FMSHRC public release)

July 14, 1992
SECRETARY OF LABOR
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

v. Docket No. KENT 91-1231

PEABODY COAL COMPANY

ORDER
BY THE COMMISSION:
This matter arises under the Federal Mine Safety and Health Act of 1977,
30 U.S.C. § 801 et seq. (1988) and involves an alleged violation of 30 C.F.R. § 75.301 by Peabody Coal Company ("Peabody"). After an adverse decision by
the Commission administrative law judge, Peabody filed a Petition for
Discretionary Review, which the Commission granted. Subsequently, the
Secretary filed a Notice of Intent to Vacate Citation and Request Dismissal
and a subsequent Motion to Dismiss Appeal. In the Notice of Intent, the
Secretary explained that the Department of Labor's Mine Safety and Health
Administration ("MSHA") promulgated a final rule, scheduled to take effect on
August 16, 1992, that will effectively moot the issues raised in the instant
case and that continued litigation of this case risks confusion and a waste of
resources. On June 15, 1992, MSHA vacated the disputed citation. Peabody has
indicated that it has no objection to the granting of the Secretary's motion.
We conclude that adequate reasons have been presented supporting
vacation of the underlying citation and dismissal of this proceeding, and
grant the motion. See, e.g., Climax Molybdenum Co., 2 FMSHRC 2748, 2750
(October 1980); Youghiogheny & Ohio Coal Co., 7 FMSHRC 200, 203 (February
1985); BethEnergy Mines, Inc., 12 FMSHRC 1751, 1753-54 (September 1990).
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Accordingly, the citation involved in this proceeding and the assessed
civil penalty are vacated with prejudice. The Commission's direction for
review is vacated and this proceeding is dismissed.
Ford B. Ford, Chairman
Richard V. Backley, Commissioner
Joyce A. Doyle, Commissioner
Arlene Holen, Commissioner
L. Clair Nelson, Commissioner