Ezel / Agency Decisions / PENN 86-300

Rushton Mining Company (ALJ decision, April 6, 1987)

Rushton Mining Company (FMSHRC PENN 86-300, et al.): One order vacated and $100 settlement approved

Decision type
ALJ decision
Dockets
PENN 86-300, PENN 86-114-R, PENN 86-128-R
Decided
April 6, 1987
Presiding judge
William Fauver
Outcome
Mixed result
Precedential status
Final order, not precedent
Checked against source
2026-08-21
Cited standards
30 U.S.C. § 801
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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 approving a settlement, 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

Rushton Mining Company faced a civil penalty proceeding and two related contest proceedings concerning the Rushton Mine. The parties submitted a settlement for approval under the Mine Act's penalty criteria. Judge William Fauver vacated Order No. 2690105, approved a $100 penalty for Order No. 2692920, and directed dismissal of the civil penalty proceeding after payment. The related contests, dockets PENN 86-114-R and PENN 86-128-R, were also dismissed under the settlement.

Decision snapshot

  • Cited provisions: 30 U.S.C. § 801 and the Mine Act's section 110(i) penalty criteria.
  • Outcome: One order was vacated, one order carried a $100 approved penalty, and three proceedings were dismissed under the settlement.
  • Key point: The settlement resolved the related contests by vacating one order and requiring payment on the other.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. RUSHTON MINING
DDATE:
19870406
TTEXT:

Page 2

~708

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 86-300
PETITIONER A.C. No. 36-00856-03569

v. Rushton Mine

RUSHTON MINING COMPANY,
RESPONDENT

RUSHTON MINING COMPANY,
CONTEST PROCEEDINGS
CONTESTANT
v. Docket No. PENN 86-114-R
Order No. 2692920; 3/13/86
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Docket No. PENN 86-128-R
ADMINISTRATION (MSHA),
Order No. 2690105; 3/20/86
RESPONDENT
Rushton Mine

DECISION APPROVING SETTLEMENT

Before: Judge Fauver

This case is before me upon a petition for assessment of civil penalties under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq. Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. I have considered the representations and documentation submitted and I conclude that the proffered settlement is consistent with the criteria in section 110(i) of the Act.

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED. Order No. 2690105 is VACATED. Order No. 2692920, Respondent shall pay the approved penalty of $100.00 within 30 days of this Decision. Upon such payment this proceeding is DISMISSED. Pursuant to the settlement, Docket Nos. PENN 86Ä114-R and PENN 86-128-R are DISMISSED.

William Fauver
Administrative Law Judge

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