Eastern Associated Coal Corp. v. Secretary of Labor (MSHA) (ALJ decision, July 8, 1982)

Eastern Associated Coal Corp. v. Secretary of Labor (MSHA) (FMSHRC PITT 76X203): Contest dismissed after MSHA withdrew violation

Decision type

ALJ decision

Docket

PITT 76X203

Decided

July 8, 1982

Presiding judge

George A. Koutras

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 1982 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.

Final ALJ decision, not Commission precedent

This post-remand dismissal ended the contest after MSHA vacated the violation. No later Commission review of this order appears in the official index, so it became final under the 40-day rule in 30 U.S.C. § 823(d)(1). 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

The Commission had reversed an earlier ALJ ruling that vacated a 1976 notice against Eastern Associated Coal Corp. and returned the case for further proceedings. On remand, MSHA reported that it had itself vacated the violation, had never assessed a civil penalty, and would take no further enforcement action. Eastern Associated Coal said that no issues remained and sought no further hearing. Judge George A. Koutras dismissed the contest without reaching the original citation's merits again.

Decision snapshot

Cited standard: None identified in this short dismissal order.
Outcome: Contest dismissed after MSHA vacated the violation; no penalty was assessed.
Key point: MSHA's withdrawal of the violation left no issue for the judge to decide on remand.

Full text (FMSHRC public release)

CCASE:
EASTERN COAL V. SOL (MSHA)
DDATE:
19820708
TTEXT:
~1246

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

EASTERN ASSOCIATED COAL CORP., Contest of Notice CONTESTANT
v. Docket No. PITT 76X203
Notice No. 1 CPB 6/24/76
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Delmont Mine
ADMINISTRATION (MSHA),
RESPONDENT

ORDER OF DISMISSAL

On May 3, 1982, the Commission reversed my decision of April 14, 1977, vacating the citation issued in this case. At the same time, the Commission remanded the case to me "for further proceedings consistent with this decision."

On May 24, 1982, I directed the parties to advise me as to whether they desired to be heard further on the remand.

On June 29, 1982, respondent MSHA advised me that the violation of June 24, 1976, has been vacated and that a civil penalty was never assessed against the operator. In addition, MSHA advises that Eastern Associated Coal Corporation no longer owns the mine in question, and considering the lengthy time interval since the issuance of the citation, MSHA has decided that no further enforcement action will be initiated.

On July 1, 1982, Eastern Associated Coal Corporation advised me that it desires no further opportunity to be heard in this matter, that it does not believe that there is a necessity of further briefing, and that it would appear that there are no remaining issues to be decided.

In view of the foregoing, this matter is now DISMISSED.

George A. Koutras
Administrative Law Judge

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