Ezel / Agency Decisions / WEST 84-66

Secretary of Labor v. Peabody Coal Company (ALJ decision, June 4, 1984)

Secretary of Labor v. Peabody Coal Company (FMSHRC WEST 84-66 and WEST 84-67): Penalty petitions dismissed after withdrawal

Decision type
ALJ decision
Dockets
WEST 84-66, WEST 84-67
Decided
June 4, 1984
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 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 1984
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 dismissal, 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 dismissed both penalty petitions without a merits ruling and 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 brought two civil penalty cases against Peabody Coal Company, one involving Black Mesa Mine and the other Kayenta Mine. At the hearing, the Solicitor said the citations had been improperly cited under a regulation the order identifies as 30 C.F.R. 1605(d). The Solicitor withdrew the penalty petitions, and Chief Judge Paul Merlin granted the request and dismissed both cases. The order did not determine whether any mine safety violation occurred or assess a penalty.

Decision snapshot

  • Cited standards: The order calls the citations improper and gives only "30 C.F.R. 1605(d)"; it does not identify a valid standard for a merits ruling.
  • Outcome: Both penalty petitions dismissed after the Solicitor withdrew them; no penalty assessed.
  • Key point: The judge ended the cases on the Secretary's withdrawal request without deciding the cited conditions.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PEABODY COAL
DDATE:
19840604
TTEXT:

Page 2

~1489

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

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEST 84-66
PETITIONER
A.C. No. 02-00533-03507
v. Black Mesa Mine

PEABODY COAL COMPANY,
Docket No. WEST 84-67
RESPONDENT
A.C. No. 02-01195-03506
Kayenta Mine

DECISION

Appearances: John C. Nangle, Esq., Associate Regional Solicitor, U.S. Department of Labor, Los Angeles, California, for Petitioner.

Before: Judge Merlin

In accordance with the duly issued Notice of Hearing, the above-captioned cases as well as several others, came on for hearing on May 30, 1984, as scheduled. The Solicitor entered an appearance on behalf of the Mine Safety and Health Administration. Pursuant to permission given in a prior telephone conversation, operator's counsel did not appear.

The Solicitor explained that the citations were improperly cited under 30 C.F.R. 1605(d). On this basis, the Solicitor moved to withdraw the penalty petitions. The Solicitor's motion being well taken, it was granted from the bench.

Accordingly, these cases are Dismissed.

Paul Merlin
Chief Administrative Law Judge

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