Peabody Coal Company (ALJ decision, November 9, 1992)

Plain-English summary

Peabody Coal Company agreed to settle a civil penalty proceeding involving its Camp No. 1 Mine. Judge Avram Weisberger approved the settlement under the Mine Act's penalty criteria. Peabody agreed to pay the proposed $1,700 penalty in full, and the case was dismissed after payment.

Decision snapshot

• Cited standards: None stated in the settlement order.
• Outcome: The settlement was approved, and Peabody was ordered to pay $1,700.
• Key point: The judge approved the proposed settlement after reviewing the parties' representations and supporting documentation under the Mine Act's penalty criteria.

Full text (FMSHRC public release)

CCASE:
MSHA V. PEABODY COAL
DDATE:
19921109
TTEXT:

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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 PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 92-1013
Petitioner : A. C. No. 15-02709-03766
v. :
: Camp No. 1 Mine
PEABODY COAL COMPANY,
:
Respondent :

DECISION

Appearances: W. F. Taylor, Esq., U.S. Department of Labor, Office of the Solicitor, Nashville, Tennessee, for Petitioner;
David R. Joest, Esq., Peabody Coal Company, Henderson, Kentucky, for Respondent.

Before: Judge Weisberger

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). Pursuant to notice, the case was scheduled for hearing on September 2, 1992. On that date, prior to going on the record, counsel indicated that they had just settled this matter. On October 9, 1992, Petitioner filed a motion to approve a settlement agreement and to dismiss this case. Respondent has agreed to pay the proposed penalty of $1,700 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 is GRANTED, and it is ORDERED that Respondent pay a penalty of $1,700 within 30 days of this order.
Avram Weisberger
Administrative Law Judge

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Distribution:

W. F. Taylor, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215 (Certified Mail)

David R. Joest, Esq., Midwest Division Counsel, Peabody Coal Company, 1951 Barrett Court, P.O. Box 1990, Henderson, KY 42420- 1990 (Certified Mail)

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