Ezel / Agency Decisions / WEST 85-98-RM

Climax Molybdenum Company v. Secretary of Labor (MSHA) (ALJ decision, January 21, 1986)

Climax Molybdenum Company v. Secretary of Labor (FMSHRC WEST 85-98-RM): Citation contest withdrawn

Decision type
ALJ decision
Docket
WEST 85-98-RM
Decided
January 21, 1986
Presiding judge
John A. Carlson
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 1986 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 1986
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. 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

Climax Molybdenum Company contested a citation at its Climax Mine. The judge heard the contest with four other dockets, and the parties presented substantial evidence about this citation. Before they finished, the company asked to withdraw its contest; the Secretary did not object. Judge John A. Carlson granted withdrawal, severed this docket from the others, and dismissed it. The decision gives neither the cited standard nor a penalty amount.

Decision snapshot

  • Cited standard: Not identified in this decision.
  • Outcome: Notice of contest withdrawn and this docket dismissed.
  • Key point: The company ended its challenge to citation 2358527 before the hearing presentations were complete.

Full text (FMSHRC public release)

CCASE:
CLIMAX MOLYBDENUM V. SOL (MSHA)
DDATE:
19860121
TTEXT:
~120

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

CLIMAX MOLYBDENUM COMPANY,
CONTEST PROCEEDING
CONTESTANT
Docket No. WEST 85-98-RM
v. Citation No. 2358527; 3/21/85

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

DECISION APPROVING WITHDRAWAL

Appearances: Richard W. Manning, Esq., Climax Molybdenum Company, Greenwich, Connecticut, for Contestant;
Robert J. Lesnick, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Respondent.

Before: Judge Carlson

This contest case was consolidated for hearing with dockets WEST 85Ä96ÄRM, WEST 85Ä97ÄRM, WEST 85Ä99ÄRM, and WEST 85Ä120ÄM. During the hearing, the parties presented extensive evidence concerning WEST 85Ä98ÄRM. Before the presentations were complete, however, the contestant, Climax Molybdenum Company, moved for leave to withdraw its notice of contest of the single citation in that docket. The Secretary did not oppose the motion.

Accordingly, Climax's motion is granted. The contest proceeding, docketed as WEST 85Ä98ÄRM (citation 2358527), is severed from those cases with which it was earlier consolidated, and is hereby ORDERED dismissed.

John A. Carlson
Administrative Law Judge

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