Ezel / Agency Decisions / LAKE 87-18-R

White County Coal Corporation (ALJ decision, July 15, 1987)

White County Coal Corporation (FMSHRC LAKE 87-18-R): Settlement approved at $900

Decision type
ALJ decision
Dockets
LAKE 87-18-R, LAKE 87-35
Decided
July 15, 1987
Presiding judge
William Fauver
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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 decision 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. 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

White County Coal Corporation settled a civil-penalty proceeding and a related contest of a citation at the Pattiki and No. 1 mines. Judge William Fauver found the proposed settlement consistent with the statutory penalty criteria, approved it, and ordered the operator to pay $900 within 30 days. Both proceedings were to be dismissed after payment.

Decision snapshot

  • Governing provision: The decision cites the Mine Act's penalty criteria but does not identify a specific safety standard.
  • Outcome: The settlement was approved for $900, and both the penalty and contest proceedings were dismissed upon payment.
  • Key point: A settlement can resolve both a penalty case and the related citation contest.

Full text (FMSHRC public release)

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 87-35
PETITIONER
A.C. No. 11-02662-03549

v. No. 1 Mine

WHITE COUNTY COAL CORPORATION,
RESPONDENT

WHITE COUNTY COAL CORPORATION,
CONTEST PROCEEDING
CONTESTANT
v. Docket No. LAKE 87-18-R
Citation No. 2816261;
SECRETARY OF LABOR,
11/5/86
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)
Pattiki Mine
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Fauver

Docket No. LAKE 87-35 is a petition for assessment of a civil penalty under 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq. Docket No. LAKE 87-18-R is a notice of contest seeking review of the citation involved in the penalty case. Petitioner has filed a motion to approve a settlement agreement and to dismiss both cases. I have considered the representations and documentation submitted 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 penalty of $900 within 30 days of this Decision. Upon such payment both proceedings are DISMISSED.

William Fauver
Administrative Law Judge

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