Ezel / Agency Decisions / WEST 86-56-R

Emery Mining Corporation (ALJ decision, April 10, 1986)

Emery Mining Corporation (FMSHRC WEST 86-56-R): Citation contest withdrawn

Decision type
ALJ decision
Docket
WEST 86-56-R
Decided
April 10, 1986
Presiding judge
John J. Morris
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 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

Emery Mining Corporation contested an MSHA citation issued at its Cottonwood Mine. At the hearing, Emery renewed a motion to withdraw its contest, and no one objected. Judge John J. Morris granted the motion under the Commission's withdrawal rule and dismissed the case. The order does not describe the cited condition or decide whether the citation was valid.

Decision snapshot

  • Governing rule: 29 C.F.R. § 2700.11, withdrawal of a contest.
  • Outcome: Contest withdrawn and proceeding dismissed.
  • Key point: The judge approved an unopposed withdrawal without reaching the citation's merits.

Full text (FMSHRC public release)

CCASE:
EMERY MINING V. SOL (MSHA)
DDATE:
19860410
TTEXT:
~604

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

EMERY MINING CORPORATION,
CONTEST PROCEEDING
CONTESTANT
Docket No. WEST 86-56-R
v. Citation No. 2833830; 12/20/85

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

DECISION

Appearances: Timothy M. Biddle, Esq. and Peter K. Levine, Esq., Crowell & Moring, Washington, D.C., for the Contestant;
James H. Barkley, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for the Respondent.

Before: Judge Morris

This is a contest proceeding initiated by contestant against the Secretary of Labor in accordance with the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. (the Act).

A hearing on this case and related cases commenced on March 5, 1986 in Salt Lake City, Utah.

At the hearing contestant renewed its motion to withdraw its Notice of Contest. No person objected to the motion.

Pursuant to Commission Rule 11, 29 C.F.R. 2700.11, contestant's motion is granted and the case is dismissed.

John J. Morris
Administrative Law Judge

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