Peabody Coal Company (ALJ decision, October 2, 1986)

Plain-English summary

Peabody Coal Company and the Secretary of Labor submitted a settlement in a civil penalty case concerning the Eagle No. 2 Mine. Judge William Fauver considered the parties' submissions and found the proposed settlement consistent with the Mine Act's penalty criteria. He approved the agreement and ordered Peabody to pay $3,000 within 30 days. The proceeding would be dismissed upon payment. The decision does not identify the underlying citations or safety standards.

Decision snapshot

• Cited provision(s): 30 U.S.C. §§ 815(d) and 820(i); the underlying safety standards are not identified.
• Outcome: The settlement was approved for $3,000, payable within 30 days, with dismissal upon payment.
• Key point: The judge approved the parties' proposed penalty after considering the Mine Act criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PEABODY COAL
DDATE:
19861002
TTEXT:

~1521

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 83-73
PETITIONER
A.C. No. 11-00598-03524

v. Eagle No. 2 Mine

PEABODY COAL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Fauver

This case is before me upon a petition for assessment of civil penalties under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq. Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. Respondent has filed a response thereto. I have considered the representations and documentation submitted by both parties and I conclude that the proffered settlement is consistent with the criteria in section 110(i) of the Act.

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and Respondent shall pay the approved penalties in the amount of $3,000.00 within 30 days of this Decision. Upon such payment this proceeding is DISMISSED.

This Decision and Order were read to counsel for the parties October 2, 1986, and were approved by them before signing below.

William Fauver
Administrative Law Judge