Ezel / Agency Decisions / LAKE 91-119-M

Yerington Leasing Company (ALJ decision, March 26, 1992)

Yerington Leasing Company (FMSHRC LAKE 91-119-M): Settlement approved and three citations vacated

Decision type
ALJ decision
Docket
LAKE 91-119-M
Decided
March 26, 1992
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 U.S.C. § 815(d) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1992 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 1992
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. 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

Yerington Leasing Company faced a civil penalty proceeding concerning conditions at its aggregate pit. The Secretary moved to vacate three citations for insufficient evidence, and Yerington agreed to pay the proposed penalty for the remaining citations. Judge Gary Melick approved the settlement and ordered Yerington to pay $80 within 30 days. The order vacated Citation Nos. 3618778, 3618779, and 3618780.

Decision snapshot

  • Cited standards: 30 U.S.C. §§ 815(d) and 820(i)
  • Outcome: Three citations were vacated under the settlement, and Yerington was ordered to pay an $80 penalty on the remaining citations.
  • Key point: The judge approved a settlement after finding it appropriate under the statutory penalty criteria.

Full text (FMSHRC public release)

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. LAKE 91-119-M Petitioner : A.C. No. 20-02849-05501
v. :
: Aggregate Pit
YERINGTON LEASING COMPANY, :
Respondent :

DECISION APPROVING SETTLEMENT

Appearances: Susan J. Bissegger, Esq., Office of the Solicitor, U.S. Department of Labor, Chicago, Illinois, for the Petitioner;
Mr. John S. Yerington III, President, Yerington Leasing Company, St. Joseph, Michigan, for the 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). Following hearings, Petitioner filed a motion to approve a settlement agreement and to dismiss the case. Petitioner now moves to vacate Citation Nos. 3618778, 3618779 and 3618780 for insufficient evidence and Respondent agrees to pay the proposed penalty for the remaining citations of $80 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 $80 within 30 days of this order.

Gary Melick
Administrative Law Judge

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