Ezel / Agency Decisions / WEST 84-118-RM

FMC Corporation v. Secretary of Labor (ALJ decision, May 3, 1985)

FMC Corporation v. Secretary of Labor (FMSHRC WEST 84-118-RM): Contest dismissed after citation vacated

Decision type
ALJ decision
Docket
WEST 84-118-RM
Decided
May 3, 1985
Presiding judge
Michael A. Lasher, Jr.
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1985 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 1985
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 dismissal 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 for this docket. 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

FMC Corporation contested MSHA Citation No. 2096468 concerning its Trona Mine. At a March 8, 1985 hearing, MSHA vacated the citation and FMC withdrew its contest. Judge Michael A. Lasher, Jr. approved the withdrawal under the Commission's procedural rule and dismissed the matter. The order does not decide the alleged violation or assess a penalty.

Decision snapshot

  • Governing rule: 29 C.F.R. § 2700.11.
  • Outcome: Contest withdrawn and dismissed after MSHA vacated the citation.
  • Key point: With the citation already vacated, the operator withdrew its contest.

Full text (FMSHRC public release)

CCASE:
FMC CORPORATION v. SOL (MSHA)
DDATE:
19850503
TTEXT:
~640
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

FMC CORPORATION,
CONTEST PROCEEDING
CONTESTANT
Docket No. WEST 84-118-RM
v. Citation No. 2096468; 6/20/84

SECRETARY OF LABOR,
FMC Trona Mine
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

Appearances: John A. Snow, Esq., VanCott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for Contestant;
James H. Barkley, Esq., and Margaret Miller, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Respondent.

DECISION AND ORDER OF DISMISSAL

Before: Judge Lasher

Contestant having moved to withdraw its contest on the record on March 8, 1985, pursuant to 29 C.F.R. 2700.11 the same is approved and this matter dismissed.(Footnote.1)

Michael A. Lasher, Jr.
Administrative Law Judge

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
Footnotes start here:-

~Footnote_one

1 Contestant withdrew its contest after MSHA vacated the subject Citation, 2096468, on the record at a hearing in Salt Lake City on March 8, 1985.

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