Ezel / Agency Decisions / WEST 86-106-R

Emery Mining Corporation v. Secretary of Labor (ALJ decision, September 15, 1986)

Emery Mining Corporation v. Secretary of Labor (FMSHRC WEST 86-106-R): Contest dismissed after order vacated

Decision type
ALJ decision
Docket
WEST 86-106-R
Decided
September 15, 1986
Presiding judge
John J. Morris
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-19
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 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

Emery Mining contested an MSHA order alleging failure to abate an earlier citation. At a hearing, the parties told Judge John J. Morris that the Secretary intended to vacate the order. After the Secretary did so, Emery moved to withdraw its contest. The judge granted that request and dismissed the contest without deciding the order's merits.

Decision snapshot

  • Cited standard: None identified in the released decision.
  • Outcome: Contest of Order 2833668 dismissed after the Secretary vacated the order.
  • Key point: The contested failure-to-abate order was withdrawn, leaving no merits issue for the judge to decide.

Full text (FMSHRC public release)

CCASE:
EMERY MINING V. SOL (MSHA)
DDATE:
19860915
TTEXT:

~1368

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

EMERY MINING CORPORATION,
CONTEST PROCEEDING
CONTESTANT
Docket No. WEST 86-106-R
v. Order No. 2833668; 3/11/86

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

DECISION

Appearances: Timothy M. Biddle, Esq. and Susan E. Chetlin, Esq., Crowell & Moring, Washington, D.C., for Contestant;
Edward J. Fitch, IV, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia, for Respondent.

Before: Judge Morris

This is a contest proceeding initiated by contestant pursuant to 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq., (the Act).

Emery contested MSHA Order No. 2833668 for a failure to abate Citation No. 2833666 issued March 10, 1986.

A hearing on the merits of this case and related cases commenced in Denver, Colorado on July 29, 1986.

At the hearing the parties advised the judge that the Secretary intended to vacate his order. In due course the order was vacated and the contestant has, accordingly, moved to withdraw the notice of contest.

Pursuant to Commission Rule 11, 29 C.F.R. 2700.11, contestant's motion is granted and the contest filed by Emery Mining Corporation is dismissed.

John J. Morris
Administrative Law Judge

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