Emery Mining Corporation (ALJ decision, September 9, 1986)

Plain-English summary

Six civil penalty cases and three citation contests involving Emery Mining Corporation were stayed while the Commission decided a related issue. The parties then submitted a joint settlement motion. Emery agreed to pay the full proposed penalties in the six penalty cases and withdraw its three citation contests. Judge John A. Carlson approved the settlement, assessed $2,070 total, and dismissed the proceedings, with payment due within 40 days.

Decision snapshot

• Cited standard: None identified in the released decision.
• Outcome: Settlement and contest withdrawals approved; $2,070 civil penalty payable within 40 days.
• Key point: The settlement disposed of all nine consolidated proceedings without further merits findings.

Full text (FMSHRC public release)

CCASE:
EMERY MINING V. SOL (MSHA)
DDATE:
19860909
TTEXT:

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

EMERY MINING CORPORATION,
CONTEST PROCEEDINGS
CONTESTANT
Docket No. WEST 83-6-R
v. Citation 9946565; 9/13/82

SECRETARY OF LABOR,
Docket No. WEST 83-7-R
MINE SAFETY AND HEALTH
Citation 9946569; 9/17/82
ADMINISTRATION (MSHA),
RESPONDENT
Docket No. WEST 83-8-R
Citation 9946571; 9/21/82

Deer Creek Mine

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEST 83-33
PETITIONER
A.C. No. 42-00080-03510

v. Docket No. WEST 83-36
A.C. No. 42-00080-03511
EMERY MINING CORPORATION,
RESPONDENT
Docket No. WEST 83-51
A.C. No. 42-00080-03515

Wilberg Mine

Docket No. WEST 83-34
A.C. No. 42-00121-03509

Docket No. WEST 83-42
A.C. No. 42-00121-03507

Docket No. WEST 83-57
A.C. No. 42-00121-03519

Deer Creek Mine

DECISION APPROVING SETTLEMENT

Before: Judge Carlson

These consolidated cases have been on stay pending the issuance of a Commission decision bearing upon a principal issue in the cases. The Commission has now issued that decision, and the parties have submitted a joint motion to approve a settlement which will dispose of all matters.

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Specifically, Emery Mining Corporation agrees to pay the entire civil penalty proposed by the Secretary in each of the penalty cases.

Further, conditioned upon the Commission's approval of that part of the settlement relating to the penalty cases, Emery also moves to withdraw its notices of contest in the three contest cases shown in the caption.

Based upon the representations of the parties and the contents of the files, I conclude that the settlement is appropriate and should be approved in all respects.

Accordingly the settlement agreement (including the withdrawals) is approved in all respects and the attendant motions are granted. Respondent shall therefore pay a total civil penalty of $2,070.00 within 40 days of the date of this decision approving settlement. These proceedings are dismissed.

John A. Carlson
Administrative Law Judge