Ezel / Agency Decisions / PIKE 78-399

Kentland-Elkhorn Coal Corp. v. Secretary of Labor (MSHA) and United Mine Workers of America (ALJ decision, June 22, 1983)

Kentland-Elkhorn Coal Corp. v. MSHA and UMWA (FMSHRC PIKE 78-399): Order contest withdrawn

Decision type
ALJ decision
Docket
PIKE 78-399
Decided
June 22, 1983
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1983 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 1983
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 dismissal 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 binding on the Commission in other cases. 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

Kentland-Elkhorn Coal Corporation had asked for review of Order No. 063798 concerning Feds Creek No. 1 Mine. The company then moved to withdraw its application. After the case was reassigned to Chief Judge Paul Merlin, he dismissed the proceeding. The dismissal does not decide whether the underlying order was valid and assesses no penalty.

Decision snapshot

  • Governing provision: None cited in this dismissal order.
  • Outcome: Application for review withdrawn and proceeding dismissed; no penalty assessed.
  • Key point: The case ended on the operator's withdrawal request without a ruling on the mine order.

Full text (FMSHRC public release)

CCASE:
KENTLAND-ELKHORN V. SOL (MSHA) & UMWA
DDATE:
19830622
TTEXT:

~1157

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

KENTLAND-ELKHORN COAL CORP.,
Application for Review
APPLICANT
Docket No. PIKE 78-399 v.
Order No. 063798 6/23/78
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Feds Creek No. 1 Mine
ADMINISTRATION (MSHA)
AND

UNITED MINE WORKERS OF AMERICA,
RESPONDENTS

ORDER OF DISMISSAL

The above-captioned matter has been reassigned to the undersigned administrative law judge.

This proceeding is an application for review of an order filed by Kentland-Elkhorn Coal Corporation. The operator has filed a motion to withdraw its application for review.

Accordingly, it is hereby ORDERED that this matter is DISMISSED.

Paul Merlin
Chief Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace