Peabody Coal Company (ALJ decision, March 6, 1995)

Plain-English summary

Peabody Coal Company was the respondent in a civil penalty proceeding involving the Martwick Underground Mine. The Secretary proposed a settlement reducing the penalty from $378 to $302. Judge Gary Melick found the settlement acceptable under the Mine Act criteria and approved it. The $302 penalty was payable within 30 days.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(a)
• Outcome: The settlement was approved, reducing the penalty to $302 payable within 30 days.
• Key point: The ALJ approved the negotiated penalty after finding the settlement acceptable under the Mine Act's statutory criteria.

Full text (FMSHRC public release)

[DOCID: f:k94-815.wais]

PEABODY COAL COMPANY
March 6, 1995
KENT 94-815

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

March 6, 1995

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. KENT 94-815 Petitioner : A.C. No. 15-14074-03658
v. :
: Martwick Underground Mine
PEABODY COAL COMPANY, :
Respondent :

DECISION APPROVING SETTLEMENT

Appearances: Donna E. Sonner, Esq., Office of the Solicitor, U.S. Department of Labor,
Nashville, Tennessee, for Petitioner;
Carl B. Boyd, Jr., Esq., Meyer, Hutchinson, Haynes and Boyd, Henderson, Kentucky, for Respondent.

Before: Judge Melick

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). At hearing, Petitioner filed a motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $378 to $302 was proposed. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is acceptable under the criteria set forth in Section 110(a) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $302 within 30 days of this order.

Gary Melick
Administrative Law Judge

Distribution:

Donna E. Sonner, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862

Carl B. Boyd, Jr., Meyer, Hutchinson, Haynes & Boyd, 120 North Ingram Street, Suite A, Henderson, KY 42420

/jf