Ezel / Agency Decisions / PENN 93-15

L&J Energy Company, Inc. (Commission decision, April 22, 1996)

L&J Energy Company, Inc. (FMSHRC PENN 93-15): Ability to continue in business remanded

Decision type
Commission decision
Docket
PENN 93-15
Decided
April 22, 1996
Outcome
Remanded
Precedential status
Citable Commission precedent
Checked against source
2026-08-13
Cited standards
30 U.S.C. § 823(d)(2)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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This is citable Commission precedent from 1996, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1996
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.
Decision of the Commission
This is an interlocutory order of the Federal Mine Safety and Health Review Commission. It resolves only the issue addressed here while the underlying proceedings continue; it is not a final merits decision or Commission precedent on those unresolved issues. 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

L&J Energy Company petitioned for discretionary review. The Commission granted review on the operator's ability to continue in business and remanded that issue to the judge for appropriate proceedings. It denied the petition in all other respects.

Decision snapshot

  • Cited authority: 30 U.S.C. § 823(d)(2)
  • Outcome: Review was granted on the operator's ability to continue in business, and that issue was remanded to the judge. The petition was denied in all other respects.
  • Key point: The Commission remanded the financial-ability issue while leaving the remainder of the petition denied.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET N.W. 6TH FLOOR
WASHINGTON, D.C. 20006

April 22, 1996

SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA)
:
:
v. : Docket No. PENN 93-15
:
L&J ENERGY COMPANY, INC.
:

DIRECTION FOR REVIEW
ORDER

The petition for discretionary review, filed by L&J Energy Company, Inc. is granted on the issue of the operator’s ability to continue in business. This matter is remanded to the judge for appropriate proceedings on this issue.

In all other respects the petition is denied.

Joyce A. Doyle, Commissioner

Arlene Holen, Commissioner

Marc Lincoln Marks, Commissioner

James C. Riley, Commissioner

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