Keystone Coal Mining Corporation (ALJ decision, September 30, 1994)

Plain-English summary

The ALJ considered a motion to stay proceedings alleging intentional alteration of respirable-dust cassettes. Related cases were pending before the Commission on appeal. The judge stayed the cases in Master Docket No. 91-1 that were not on appeal because the Commission's decision could affect the common issues and the way the remaining cases would proceed.

Decision snapshot

• Cited standard(s): None stated in this order.
• Outcome: The cases in Master Docket No. 91-1 that were not on appeal were stayed pending a Commission decision.
• Key point: A stay was granted to promote judicial economy while related appeals addressing common issues were pending.

Full text (FMSHRC public release)

CCASE:
KEYSTONE COAL V. SOL (MSHA)
DDATE:
19940931
TTEXT:

Page 2

~2025

IN RE: CONTEST OF RESPIRABLE : Master Docket No. 91-1 DUST SAMPLE ALTERATION :
CITATIONS
:
:
KEYSTONE COAL MINING : CONTEST PROCEEDINGS
CORPORATION,
:
Contestant :
: Docket Nos. PENN 91-451-R
v. : through PENN 91-503-R
:
: Docket Nos. PENN 91-1176-R
SECRETARY OF LABOR, : through PENN 91-1197-R MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), :
Respondent :
:
:
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. PENN 91-1264
Petitioner :
: Docket No. PENN 91-1265
v. :
KEYSTONE COAL MINING : Docket No. PENN 91-1266
CORPORATION,
:
: Docket No. PENN 92-182
and
:
UNITED MINE WORKERS OF : Docket No. PENN 92-183
AMERICA,
:
Respondents :

ORDER OF STAY

There is now before me the Secretary's motion to stay those cases in Master Docket No. 91-1 which are not presently on appeal to the Commission. The stay is requested until the Commission renders a decision in the specific dockets captioned above which are pending before it. The cases before the Commission and those in the master docket involve allegations by the Secretary that the operators intentionally tampered with respirable dust cas- settes. The operators have filed briefs, some of which oppose a stay and some of which do not.

Upon consideration of the motions and briefs filed by the parties, I determine that in the interests of judicial economy the cases in the master docket not on appeal should be stayed. I am of the view that a decision by the Commission in the cases on appeal, particularly on the common issues, may well affect how the remaining cases are perceived and the manner in which they proceed.

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Accordingly, it is ORDERED that the cases in Master Docket No. 91-1 be STAYED pending decision by the Commission in In Re: Contest of Respirable Dust Sample Alteration Citations, Master Docket No. 91-1 and Keystone Coal Mining Corp., Docket Nos. PENN 91-451-R, et al.

Paul Merlin
Chief Administrative Law Judge

Distribution: (Certified Mail)

Jerold S. Feingold, Esq., Stephen D. Turow, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Blvd., 4th Floor, Arlington, VA 22203

R. Henry Moore, Esq., Buchanan Ingersoll, USX Tower, 57th Floor, 600 Grant Tower, Pittsburgh, PA 15219

Barry A. Woodbrey, Jr., Esq., United Mine Workers of America, 900 15th St., N.W., Washington, D.C. 20005

Laura E. Beverage, Esq., Jackson & Kelly, 1660 Lincoln Street, Denver, Colorado 80264

Timothy M. Biddle, Esq., Crowell & Moring, 1001 Pennsylvania Ave., N.W., Washington, D.C. 20004

Michael T. Heenan, Esq., Smith, Heenan & Althen, 1110 Vermont Avenue, N.W., Washington, D.C. 20005

John Palmer, Esq., Robinson & McElwee, P.O. Box 1791, Charleston, WV 25326

H. Thomas Wells, Esq., Maynard, Cooper & Gale, 1901 6th Avenue, N.W., Suite 2400 AmSouth/Harbert Plaza, Birmingham, AL 35203

Robert B. Allen, Esq., John J. Polak, Esq., King, Betts and Allen, P.O. Box 3394, Charleston, WV 25333

Jack Alsop, Esq., 109 South Main Street, Webster Springs, WV 26288

Karl F. Anuta, Esq., Western Fuels-Utah, Inc., P.O. Box 1001, 1720 14th Street, Boulder, CO 80306

See Attached List