Ezel / Agency Decisions / PENN 94-23

Cyprus Emerald Resources (ALJ decision, May 18, 2000)

Cyprus Emerald Resources (FMSHRC PENN 94-23 and PENN 94-166): Settlement approved on remand

Decision type
ALJ decision
Dockets
PENN 94-23, PENN 94-166
Decided
May 18, 2000
Presiding judge
T. Todd Hodgdon
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-11
Cited standards
30 U.S.C. § 820(i) 29 C.F.R. § 2700.31
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 2000 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 2000
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 decision 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 binds the parties but is not Commission precedent. 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

Cyprus Emerald Resources was ordered to resolve the remaining civil penalty issue after the Commission remanded the case for assessment of a penalty on one citation. The Secretary proposed reducing the penalty from $3,000 to $1,000. Judge T. Todd Hodgdon approved the settlement under the Mine Act criteria and ordered payment of $1,000 within 30 days.

Decision snapshot

  • Cited authority: 30 U.S.C. § 820(i)
  • Outcome: Settlement approved on remand, with a $1,000 penalty due within 30 days.
  • Key point: The judge approved a reduced penalty for the only citation remaining after Commission remand.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 Skyline, Suite 1000
5203 Leesburg Pike
Falls Church, Virginia 22041

May 18, 2000

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. PENN 94-23
Petitioner
: A. C. No. 36-05466-03980
v. :
: Docket No. PENN 94-166
CYPRUS EMERALD RESOURCES,
: A.C. No. 36-05466-03990
Respondent
:
: Emerald No. 1 Mine

DECISION APPROVING SETTLEMENT ON REMAND

Before: Judge Hodgdon

This case is before me on remand from the Commission to assess a penalty for the only citation remaining in the case. Cyprus Emerald Resources Corp., 22 FMSHRC 285 (March 2000). The Secretary, by counsel, has filed a motion to approve a settlement agreement. A reduction in penalty from $3,000.00 to $1,000.00 is proposed.

Having considered the representations and documentation submitted, I conclude that the proffered settlement is appropriate under the criteria set forth in section 110(i) of the Act, 30 U.S.C. § 820(i). Accordingly, the motion for approval of settlement is GRANTED and the Respondent is ORDERED TO PAY a penalty of $1,000.00 within 30 days of the date of this order.

T. Todd Hodgdon
Administrative Law Judge

Distribution:

Myrna A. Butkovitz, Esq., Office of the Solicitor, U.S. Department of Labor, The Curtis Center,
170 S. Independence Mall West, Suite 630 East, Philadelphia, PA 19106-3306

R. Henry Moore, Esq., Buchanan Ingersoll, One Oxford Centre, 301 Grant Street, 20th Floor,
Pittsburgh, PA 15219-1410

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