Kentland-Elkhorn Coal Corporation v. Secretary of Labor (MSHA) (Commission decision, May 20, 1982)

Plain-English summary

A federal appeals court reversed an earlier Commission decision in Kentland-Elkhorn Coal Corporation’s case and ordered further proceedings. The Commission sent the case to an administrative law judge to proceed consistently with the court’s decision. This brief order does not identify the underlying mine standard, decide the merits on remand, or assess a penalty.

Decision snapshot

• Cited standards: None identified in this order.
• Outcome: Case remanded to the administrative law judge; no penalty assessed.
• Key point: The Commission passed the appeals court’s remand to the judge for further proceedings.

Full text (FMSHRC public release)

CCASE:
KENTLAND-ELKHORN COAL V. MSHA, UMWA
DDATE:
19820520
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. May 20, 1982 KENTLAND-ELKHORN COAL CORPORATION,

v. Docket No. PIKE 78-399

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

and

UNITED MINE WORKERS OF AMERICA

ORDER
On February 23, 1982, the United States Court of Appeals for the D.C. Circuit issued its decision in this case reversing the decision of the Commission and remanding for further proceedings. UMWA v. FMSHRC, Nos. 79-2503, etc., D.C. Cir. (consolidated cases). Accordingly, we remand to the administrative law judge for further proceedings consistent with the court's decision.
~879
Distribution
Ann S. Rosenthal, Esq.
Office of the Solicitor
U.S.Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
C.Lynch Christian, Esq.
Jackson, Kelly, Holt & O'Farrell
P.0. Box 553
Charleston, West Virginia 25322
Harrison Combs, Esq.
UMWA
900 15th St., N.W.
Washington, D.C. 20005
Administrative Law Judge Michael Lasher FMSHRC 5203 Leesburg Pike, lOth Floor Falls Church, Virginia 22041