Ezel / Agency Decisions / PENN 80-319-R

Mathies Coal Company v. Secretary of Labor (ALJ decision, October 27, 1980)

Mathies Coal Company (FMSHRC PENN 80-319-R): Contest of closure order dismissed with prejudice

Decision type
ALJ decision
Docket
PENN 80-319-R
Decided
October 27, 1980
Presiding judge
Joseph B. Kennedy
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-23
Cited standards
30 C.F.R. § 75.200 29 C.F.R. § 2700.11 29 C.F.R. § 2700.22
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1980 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 1980
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 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.
Read the official release (fmshrc.gov)

Plain-English summary

Mathies Coal asked to withdraw its contest of a mine closure order alleging a serious roof control violation and an unwarrantable failure. The company said that after reviewing the merits, it believed the order could not be challenged. Judge Joseph B. Kennedy granted the request and dismissed the contest with prejudice. He explained that the order's validity and its violation and unwarrantable-failure findings could no longer be challenged, including in a later penalty case. This decision does not assess a penalty.

Decision snapshot

  • Cited standard: 30 C.F.R. § 75.200; dismissal under 29 C.F.R. § 2700.11.
  • Outcome: Contest dismissed with prejudice; closure order and its findings stand.
  • Key point: Voluntary dismissal with prejudice bars later challenges to the order's violation and unwarrantability findings.

Full text (FMSHRC public release)

CCASE:
MATHIES COAL V. SOL (MSHA)
DDATE:
19801027
TTEXT:
~3123

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

MATHIES COAL COMPANY,
Contest of Order
CONTESTANT
Docket No. PENN 80-319-R
v. Order No. 841925 7/22/80

SECRETARY OF LABOR,
Mathies Mine
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

DECISION AND ORDER

Pursuant to Rule 11, 29 C.F.R. 2700.11, the operator moves to dismiss voluntarily its contest of an unwarrantable failure closure order based on an inspector's finding of a serious violation of 30 C.F.R. 75.200. The operator has concluded that after a careful consideration of the merits of the order it is apparently not subject to challenge.

After dismissal, the validity of the order and its subsidiary findings of violation and unwarrantability will no longer be subject to challenge. Wolf Creek Collieries, PIKE 78-70-P (March 26, 1979); Pontiki Coal Co., 1 FMSHRC 1476 (October 25, 1979). For this reason, I conclude the dismissal will establish an estoppel as to those issues in any subsequent penalty proceeding. F.R.C.P. 41(a)(2); Climax Molybdenum Company, 2 FMSHRC ______ (October 7, 1980); Energy Fuels Corp., 1 FMSHRC 299 (May 1, 1979); Rule 22, 29 C.F.R. 2700.22.

Accordingly, it is ORDERED that the captioned matter be and hereby is, DISMISSED WITH PREJUDICE.

Joseph B. Kennedy
Administrative Law Judge

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