Ezel / Agency Decisions / LAKE 85-22-R

Quarto Mining Company (ALJ decision, May 10, 1985)

Quarto Mining Company (FMSHRC LAKE 85-22-R): Order contest dismissed as moot

Decision type
ALJ decision
Docket
LAKE 85-22-R
Decided
May 10, 1985
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
30 U.S.C. § 814(a)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1985 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 1985
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, not Commission precedent
This dismissal 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 for this docket. 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.
Read the official release (fmshrc.gov)

Plain-English summary

Quarto Mining Company contested MSHA Order No. 2331243 concerning its Powhatan No. 4 Mine. Judge Gary Melick had approved a settlement of the same order in a related penalty case, LAKE 85-51. That settlement modified the order to a citation under section 104(a) of the Mine Act. Because the settlement resolved the challenged order, the judge found the contest moot and dismissed it. This dismissal did not separately decide whether the original order was justified.

Decision snapshot

  • Governing provision: Mine Act § 104(a), 30 U.S.C. § 814(a).
  • Outcome: Contest dismissed as moot after the related settlement modified the order to a citation.
  • Key point: The approved settlement in LAKE 85-51 resolved the order challenged here.

Full text (FMSHRC public release)

CCASE:
QUARTO MINING v. SOL (MSHA)
DDATE:
19850510
TTEXT:
~674
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

QUARTO MINING COMPANY,
CONTEST PROCEEDING
CONTESTANT
v. Docket No. LAKE 85-22-R
Order No. 2331243; 11/15/84
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Powhatan No. 4 Mine
ADMINISTRATION (MSHA),
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Melick

In light of the settlement agreement recently approved by the undersigned in Secretary v. Quarto Mining Company, Docket No.
Lake 85-51 (Order No. 2331243) in which the subject order was
modified to a citation under Section 104(a) of the Act, the
Contest herein of the same order has been rendered moot. This
case is therefore dismissed.

Gary Melick
Administrative Law Judge

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