Ezel / Agency Decisions / PENN 85-307

Greenwich Collieries (ALJ decision, June 11, 1986)

Greenwich Collieries (FMSHRC PENN 85-307): Penalty case dismissed after MSHA vacated its order

Decision type
ALJ decision
Docket
PENN 85-307
Decided
June 11, 1986
Presiding judge
George A. Koutras
Outcome
Citations vacated
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
30 C.F.R. § 75.316
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1986 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 1986
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

MSHA proposed a $1,000 penalty against Greenwich Collieries based on a ventilation-plan order at its No. 2 Mine. At the hearing, the Secretary said the order had been vacated because the inspector used the wrong standard and the cited condition did not violate the approved ventilation plan. The Secretary withdrew the penalty proposal and asked to dismiss the case. Judge George A. Koutras granted the motion and dismissed the proceeding. No penalty was assessed.

Decision snapshot

  • Cited standard: 30 C.F.R. § 75.316, which the Secretary said the inspector had applied incorrectly.
  • Outcome: MSHA's order vacated and the $1,000 penalty proposal withdrawn; case dismissed.
  • Key point: With the underlying order vacated, the Secretary did not pursue the civil-penalty case.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. GREENWICH COLLIERIES
DDATE:
19860611
TTEXT:
~941

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. PENN 85-307
PETITIONER
A.C. No. 36-02404-03595

v. Greenwich No. 2 Mine

GREENWICH COLLIERIES,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Koutras

This proceeding concerns a proposal for assessment of civil penalty filed by the petitioner against the respondent pursuant to section 110(a) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. The petitioner proposed a civil penalty assessment in the amount of $1,000, for an alleged violation of mandatory safety standard 30 C.F.R. 75.316, as stated in section 104(d)(2) Order No. 2407481, April 18, 1986.

This case was docketed for hearing with seven other cases in Indiana, Pennsylvania, during the hearing term June 3, 4, 1986. When the case was called for trial, petitioner's counsel confirmed that the contested order has been vacated. Counsel moved that the civil penalty proposal be withdrawn, and that the case be dismissed. In support of the motion, counsel asserted that the inspector relied on an incorrect standard and that the cited "condition or practice" does not constitute a violation of the respondent's approved ventilation plan.

After due consideration of the petitioner's oral motion to dismiss, IT IS GRANTED, and this case IS DISMISSED.

George A. Koutras
Administrative Law Judge

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