Ezel / Agency Decisions / west-86-240-alj
FMSHRC ALJ decision Docket WEST 86-240, WEST 86-243, WEST 86-257 Decided March 27, 1990 Procedural Judge John J. Morris Transcribed from scan

Emery Mining Corporation; Utah Power & Light Company

Emery Mining Corporation; Utah Power & Light Company (FMSHRC WEST 86-240, WEST 86-243, and WEST 86-257): Civil penalty proceedings dismissed

Apply this to your situation

This order from 1990 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 1990
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 order, not Commission precedent
This order 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 binding on the Commission in other cases. 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

The Secretary of Labor asked to withdraw the civil penalty requests against Emery Mining Corporation and Utah Power & Light Company after the Tenth Circuit vacated the underlying citations. Judge John J. Morris granted the motions and dismissed the three proceedings. The order also directed that a copy of the court's decision be attached for review by Mine Act practitioners.

Decision snapshot

  • Cited standards: None stated in the order.
  • Outcome: The Secretary's motions were granted and the three civil penalty proceedings were dismissed.
  • Key point: When the underlying citations had been vacated by the court, the judge dismissed the pending penalty proceedings for good cause.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. EMERY MINING
DDATE:
19900327
TTEXT:

Page 2

~572
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 86-240
PETITIONER A.C. No. 42-00121-03610
Deer Creek Mine
v.
Docket No. WEST 86-243
EMERY MINING CORPORATION; A.C. No. 42-01944-03514
UTAH POWER & LIGHT COMPANY, Cottonwood Mine
RESPONDENT
Docket No. WEST 86-257
A.C. No. 42-00080-03570
Wilberg Mine

                      ORDER OF DISMISSAL

Before: Judge Morris

 The Secretary has moved to withdraw her request for civil

penalties herein.

 As a grounds therefor the Secretary states the 10th Circuit

Court of Appeals has vacated the citations herein.

 The Secretary further notes that the Circuit Court's

decision clarifies a point of Mine Act interpretation.
Accordingly, the Secretary requests that the Court's decision be
attached to this order of dismissal so the decision may be
readily reviewed by Mine Act practitioners.

 For the foregoing reasons the following order is

appropriate:

                             ORDER

 For good cause shown, the Secretary's motions are GRANTED

and the cases herein are dismissed.

 Further, a copy of the 10th Circuit Court of Appeals

decision is attached to this order of dismissal.

                                     John J. Morris
                                     Administrative Law Judge

Get today's answer for your situation

You just read what one judge decided for one employer in 1990, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.