Ezel / Agency Decisions / PENN 93-15

L&J Energy Company, Inc. (Commission decision, January 25, 1996)

L&J Energy Company, Inc. (FMSHRC PENN 93-15): Reconsideration partly granted; review remains pending

Decision type
Commission decision
Docket
PENN 93-15
Decided
January 25, 1996
Outcome
Procedural
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

The Secretary of Labor asked the Commission to reconsider its denial of L&J Energy Company’s petition for discretionary review. The Commission granted reconsideration in part and directed review only on issue IV from L&J’s petition. It stayed briefing until a further order and denied the request for oral argument.

Decision snapshot

  • Governing provision: 30 U.S.C. § 823(d)(2)
  • Outcome: Reconsideration was granted in part, review was directed on issue IV, briefing was stayed, and oral argument was denied.
  • Key point: The Commission limited further review to one identified issue and left the remaining matters outside the directed review.

Full text (FMSHRC public release)

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

January 25, 1996

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

BEFORE: Jordan, Chairman; Doyle, Holen, Marks and Riley, Commissioners

ORDER

BY THE COMMISSION:

The Secretary of Labor has filed a motion for reconsideration of the Commission’s January 11, 1996, denial of the petition for discretionary review previously filed by L&J Energy Company, Inc. (“L&J”). L&J supports the Secretary’s motion and requests oral argument. Upon review of the parties’submissions, the Secretary’s motion is granted in part. Review is directed only as to issue IV set forth in L&J’s petition. Briefing is stayed pending further order of the Commission and the request for oral argument is denied.

Mary Lu Jordan, Chairman

Joyce A. Doyle, Commissioner

Arlene Holen, Commissioner

Marc Lincoln Marks, Commissioner

James C. Riley, Commissioner

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