Ezel / Agency Decisions / penn-93-15-commission-3
FMSHRC Commission decision Docket PENN 93-15 Decided January 25, 1996 Remanded

L&J Energy Company, Inc.

L&J Energy Company, Inc. (FMSHRC PENN 93-15): Partial reconsideration granted and review directed

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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 a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. 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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