Virginia Pocahontas Company v. Secretary of Labor (MSHA) (Commission decision, May 20, 1982)

Plain-English summary

A federal appeals court returned two Virginia Pocahontas Company cases to the Commission for further proceedings consistent with another court decision. The Commission sent both cases to an administrative law judge for those proceedings. This order does not identify the underlying mine standard, decide the contested matters, 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:
VIRGINIA POCAHONTAS V. MSHA
DDATE:
19820520
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. May 20, 1982 VIRGINIA POCAHONTAS COMPANY

v. Docket Nos. VA 79-131-R
VA 79-137-R
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

ORDER
In Secretary of Labor v. Island Creek Coal Co., et al., Nos. 80-2405, etc., D.C. Cir., April 27, 1982, the court remanded these cases to the Commission for further proceedings consistent with the court's decision in UMWA v. FMSHRC, Nos. 79-2503, etc., D.C. Cir., February 23, 1982. Accordingly, these cases are remanded to the administrative law judge for further proceedings consistent with the court's order.
~859
Virginia Pocahontas
VA 79-131-R
Distribution
Ann S. Rosenthal, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
Marshall S. Peace, Esq.
Island Creek Coal Company
2355 Harrodsburg Road
P.0. Box 11430
Lexington, Kentucky 40575
Harrison Combs, Esq.
UMWA
900 15th St., N.W.
Washington, D.C. 20005
Administrative Law Judge Richard Steffey FMSHRC 5203 Leesburg Pike, lOth Floor Falls Church, Virginia 22041