Ezel / Agency Decisions / SE 86-29-R

Jim Walter Resources, Inc. (ALJ decision, July 8, 1987)

Jim Walter Resources, Inc. (FMSHRC SE 86-29-R): Contest dismissed after order vacated

Decision type
ALJ decision
Docket
SE 86-29-R
Decided
July 8, 1987
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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

Jim Walter Resources, Inc. contested Order No. 2605648 concerning its No. 3 Mine. After a Commission decision in a related case, MSHA vacated the order. The operator withdrew its request for a hearing, and Judge Paul Merlin dismissed the contest.

Decision snapshot

  • Cited standards: None stated in the order.
  • Outcome: The contest was dismissed after MSHA vacated the order at issue.
  • Key point: A contest became moot when MSHA vacated the order and the operator withdrew its hearing request.

Full text (FMSHRC public release)

CCASE:
JIM RESOURCES V. SOL (MSHA)
DDATE:
19870708
TTEXT:

Page 2

~1219

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

JIM WALTER RESOURCES, INC.,
CONTEST PROCEEDING
CONTESTANT
Docket No. SE 86-29-R
v. Order No. 2605648; 12/2/85

SECRETARY OF LABOR,
No. 3 Mine
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Merlin

In light of the Commission's decision in Jim Walter Resources, Inc. v. Secretary of Labor, 9 FMSHRC 903 (1987), the Solicitor advises MSHA is vacating Order No. 2605648 which is the subject of the above-captioned case. In addition, the operator states that it withdraws its request for hearing.

Accordingly, this case is DISMISSED.

Paul Merlin
Chief Administrative Law Judge

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