Ezel / Agency Decisions / PENN 84-196-R

Keystone Coal Mining Corp. (ALJ decision, June 28, 1985)

Keystone Coal Mining Corp. (FMSHRC PENN 84-196-R): Contest withdrawn after penalty settlement

Decision type
ALJ decision
Docket
PENN 84-196-R
Decided
June 28, 1985
Presiding judge
James A. Broderick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
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 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.
Read the official release (fmshrc.gov)

Plain-English summary

Keystone Coal Mining Corporation withdrew its contest of an MSHA order when the case was called for hearing. The parties agreed to settle the related penalty by paying the amount originally assessed for the violation in that order. Judge James A. Broderick approved the settlement, granted the withdrawal, and dismissed the contest. The decision does not state the penalty amount or identify the cited safety standard.

Decision snapshot

  • Cited standard: Not identified in this decision.
  • Outcome: Contest dismissed after withdrawal and approval of a penalty settlement at the original assessment; amount not stated.
  • Key point: The judge closed the contest after Keystone withdrew it and the parties agreed to the original assessed penalty.

Full text (FMSHRC public release)

CCASE:
KEYSTONE COAL MINING v. SOL (MSHA)
DDATE:
19850628
TTEXT:
~985
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

KEYSTONE COAL MINING CORP.,
CONTEST PROCEEDING
CONTESTANT
Docket No. PENN 84-196-R
v. Order No. 2252764; 7/9/84

SECRETARY OF LABOR,
Urling No. 3 Mine
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

ORDER OF DISMISSAL

Appearances: William M. Darr, Esq., Indiana, Pennsylvania for Contestant; James B. Crawford, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia, for Respondent.

Before: Judge Broderick

When the above case was called for hearing in Indiana, Pennsylvania, on June 4, 1985, Contestant moved to withdraw its notice of contest in this proceeding. The parties agreed on the record to a settlement of the civil penalty proceeding, insofar as a penalty was sought for the violation charged in the contested order, by the payment of the amount originally assessed. I stated on the record that I approved the settlement and granted the motion to withdraw.

Therefore, IT IS ORDERED that this proceeding is DISMISSED.

James A. Broderick
Administrative Law Judge

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