Ezel / Agency Decisions / VA 80-77

Clinchfield Coal Company (ALJ decision, February 12, 1981)

Clinchfield Coal Company (FMSHRC VA 80-77): Citation vacated after related ruling

Decision type
ALJ decision
Docket
VA 80-77
Decided
February 12, 1981
Presiding judge
Charles C. Moore, Jr.
Outcome
Citations vacated
Precedential status
Final order, not precedent
Checked against source
2026-10-22
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1981 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 1981
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

MSHA pursued a civil penalty case against Clinchfield Coal Company involving a citation at its Lambert Fork Mine. Four days before trial, the company moved to dismiss and the government did not oppose the motion. Judge Charles C. Moore, Jr. explained that another Commission judge had already vacated the related withdrawal order because the underlying citation was invalid. He treated that ruling as binding, vacated the citation in this case, and dismissed the proceeding. The release does not identify the cited safety standard. The agency detail page indexes the docket as VA 80-77, while the PDF prints VA 80-7.

Decision snapshot

  • Cited standard: Not identified in this release.
  • Outcome: Citation vacated and civil penalty case dismissed.
  • Key point: A prior ruling invalidating the underlying citation controlled this case.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. CLINCHFIELD COAL
DDATE:
19810212
TTEXT:
~457
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
Civil Penalty Proceeding
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. VA 80-7
PETITIONER
A/O No. 44-00241-03013
v.

CLINCHFIELD COAL COMPANY,
Lambert Fork Mine
RESPONDENT

DECISION

On February 6, 1981, 4 days before this case was set to go to trial, Respondent filed a motion to dismiss and the Government announced that it would not oppose the motion. This case has been in progress since November of 1979. Numerous documents have been filed, motions to have been made and denied, and a substantial amount of time has been spent by the Government, by Respondent, and the Commission in this case.

It now turns out that the withdrawal order which was issued because of Respondent's failure to abate the citation involved in this case was before another Commission judge for review, and that on October 3, 1980, he vacated the order of withdrawal because of the invalidity of the citation. That ruling is binding upon me and upon the parties.

The citation involved herein is VACATED and this case is DISMISSED.

Charles C. Moore, Jr.
Administrative Law Judge

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