Ezel / Agency Decisions / PENN 91-172

Consolidation Coal Company (ALJ decision, September 10, 1991)

Consolidation Coal Company (FMSHRC PENN 91-172): Penalty petition dismissed

Decision type
ALJ decision
Docket
PENN 91-172
Decided
September 10, 1991
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Cited standards
29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1991 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 1991
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 order 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 dismissed the civil penalty proceeding after the Secretary was permitted to withdraw the petition. 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

The Secretary of Labor asked to withdraw the civil penalty petition against Consolidation Coal Company because the evidence was insufficient to establish a violation. Judge Gary Melick granted permission to withdraw the petition under 29 C.F.R. § 2700.11 and dismissed the case. No civil penalty was assessed.

Decision snapshot

  • Cited provision: 29 C.F.R. § 2700.11
  • Outcome: The civil penalty proceeding was dismissed after the Secretary withdrew the petition.
  • Key point: The judge may permit withdrawal of a civil penalty petition when the Secretary states that the evidence is insufficient to establish a violation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. CONSOLIDATION COAL
DDATE:
19910910
TTEXT:

Page 2

~1421

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. PENN 91-172
PETITIONER
A.C. No. 36-04281-03718
v.
Dilworth Mine
CONSOLIDATION COAL COMPANY,
RESPONDENT

ORDER OF DISMISSAL

Appearances: Covette Rooney, Esq., Office of the Solicitor, U.S. Department of Labor, Philadelphia,
Pennsylvania, for the Petitioner;
Walter J. Scheller III, Esq., Consolidation Coal Company, Pittsburgh, Pennsylvania, for the Respondent.

Before: Judge Melick

At hearings Petitioner requested approval to withdraw its civil penalty petition in the captioned case on the grounds that there is insufficient evidence of a violation. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. This case is therefore dismissed.

Gary Melick
Administrative Law Judge

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