Secretary of Labor v. Eighty Four Mining Company (ALJ decision, January 26, 2005)

Plain-English summary

Eighty Four Mining Company and the Secretary reached a settlement in a civil penalty proceeding involving Mine 84. The parties agreed that one order would be vacated, other charging documents would be modified, and the total penalty would be reduced to $85,000. Judge Gary Melick found the settlement acceptable under the Mine Act's penalty criteria and ordered the company to pay within 40 days.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, one order was vacated, other charging documents were modified, and a $85,000 penalty was ordered.
• Key point: An ALJ may approve a Mine Act penalty settlement after considering the evidence, the parties' submissions, and the statutory penalty criteria.

Full text (FMSHRC public release)

EIGHTY FOUR MINING COMPANY -- January 26, 2005

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 New Jersey Avenue, NW, Suite 9500

Washington, DC 20001

January 26, 2005

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 2004-184
Petitioner : A.C. No. 36-00958-30409
v. :
:
EIGHTY FOUR MINING COMPANY, : Mine 84
Respondent :

Appearances:  Brian Mohin, Esq., and Susan Jordan, Esq., U.S. Department of Labor, Office of the Solicitor, Philadelphia, Pennsylvania, on behalf of the Petitioner; R. Henry Moore, Esq., Jackson Kelly, PLLC, Pittsburgh, Pennsylvania, 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). During hearings the parties reached a settlement agreement. Petitioner vacated Order No. 7061085 and, following hearings, filed a motion to approve a settlement agreement as to the remaining charging documents. Modification of certain charging documents and a reduction in penalty to $85,000.00, have been proposed. I have considered the evidence at hearings and 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(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $85,000.00, within 40 days of this order.

Gary Melick

Administrative Law Judge

(202) 434-9977

Distribution:

Brian J. Mohin, Esq., Office of the Solicitor, U.S. Department of Labor, The Curtis Center, Suite 630E, 170 S. Independence Mall West, Philadelphia, PA 19106-3306

Susan Jordan, Esq., Office of the Solicitor, U.S. Department of Labor, The Curtis Center, Suite 630E, 170 S. Independence Mall West, Philadelphia, PA 19106-3306

R. Henry Moore, Esq., Jackson & Kelly, PLLC, Three Gateway Center, 401 Liberty Avenue, Suite 1340, Pittsburgh, PA 15222

/lh