Ezel / Agency Decisions / west-87-130-r-alj
FMSHRC ALJ decision Docket WEST 87-130-R, WEST 87-131-R, WEST 87-131-R, WEST 87-133-R, WEST 87-134-R, WEST 87-135-R, WEST 87-136-R, WEST 87-137-R, WEST 87-144-R, WEST 87-145-R, WEST 87-146-R, WEST 87-147-R, WEST 87-150-R, WEST 87-152-R, WEST 87-153-R, WEST 87-155-R, WEST 87-156-R, WEST 87-157-R, WEST 87-158-R, WEST 87-159-R, WEST 87-160-R, WEST 87-161-R, WEST 87-163-R, WEST 87-243-R, WEST 87-244-R, WEST 87-245-R, WEST 87-246-R, WEST 87-247-R, WEST 87-248-R, WEST 87-249-R, WEST 87-208, WEST 87-209, WEST 88-25 Decided January 27, 1989 Procedural Judge John J. Morris

Emery Mining Corporation and/or Utah Power & Light Company

Emery Mining Corporation and/or Utah Power & Light Company (FMSHRC WEST 87-130-R): Consolidated matters returned to the Docket Office

What's the rule today?

This ALJ decision was superseded by the Commission's decision in the same case. Ezel starts from the controlling decision and answers your situation under current law, with citations.

Currency note: this decision dates from 1989
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.
ALJ decision, later reviewed by the Commission
This decision was issued by an FMSHRC Administrative Law Judge, but it was not the final word in the case: the Commission directed review, and the Commission's decision is the one citable as precedent.
Read the Commission's decision in this case
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

This order addressed a group of contest and civil penalty proceedings involving Emery Mining Corporation and Utah Power & Light Company at the Wilberg Mine. After a Commission remand, the judge entered final judgment for Utah Power & Light in the listed cases. The parties agreed that Emery either had not contested the listed citations and orders or had paid the proposed penalties. Judge John J. Morris found that no issue remained before him in those matters and returned them to the Docket Office.

Decision snapshot

  • Cited standards: None stated in this order.
  • Outcome: Final judgment was entered for Utah Power & Light in the listed cases, and the remaining matters were returned to the Docket Office.
  • Key point: A judge may return consolidated matters to the Docket Office when final judgment has resolved one party's claims and the remaining citations were uncontested or paid.

Full text (FMSHRC public release)

CCASE:
EMERY MINING V. SOL (MSHA)
DDATE:
19890130
TTEXT:

Page 2

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

EMERY MINING CORPORATION
AND/OR UTAH POWER & LIGHT
COMPANY,
CONTESTANTS

       v.

SECRETARY OF LABOR, CONTEST PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 87-130-R
RESPONDENT Citation No. 2844485; 3/24/87

      AND                          Docket No. WEST 87-131-R
                                   Order No. 2844486; 3/24/87

UNITED MINE WORKERS OF
AMERICA, (UMWA), Docket No. WEST 87-132-R
INTERVENOR Order No. 2844488; 3/24/87

                                   Docket No. WEST 87-133-R
                                   Order No. 2844489; 3/24/87

                                   Docket No. WEST 87-134-R
                                   Citation No. 2844490; 3/24/87

                                   Docket No. WEST 87-135-R
                                   Citation No. 2844491; 3/24/87

                                   Docket No. WEST 87-136-R
                                   Citation No. 2844492; 3/24/87

                                   Docket No. WEST 87-137-R
                                   Citation No. 2844493; 3/24/87

                                   Docket No. WEST 87-144-R
                                   Order No. 2844795; 3/24/87

                                   Docket No. WEST 87-145-R
                                   Order No. 2844796; 3/24/87

                                   Docket No. WEST 87-146-R
                                   Order No. 2844798; 3/24/87

                                   Docket No. WEST 87-147-R
                                   Order No. 2844800; 3/24/87

                                   Docket No. WEST 87-150-R
                                   Order No. 2844805; 3/24/87

                                   Docket No. WEST 87-152-R
                                   Order No. 2844807; 3/24/87

                                   Docket No. WEST 87-153-R
                                   Order No. 2844808; 3/24/87

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~128
Docket No. WEST 87-155-R
Citation No. 2844811; 3/24/87

   Docket No. WEST 87-156-R
   Order No. 2844813; 3/24/87

   Docket No. WEST 87-157-R
   Order No. 2844815; 3/24/87

   Docket No. WEST 87-158-R
   Citation No. 2844816; 3/24/87

   Docket No. WEST 87-159-R
   Citation No. 2844817; 3/24/87

   Docket No. WEST 87-160-R
   Order No. 2844822; 3/24/87

   Docket No. WEST 87-161-R
   Order No. 2844823; 3/24/87

   Docket No. WEST 87-163-R
   Citation No. 2844826; 3/24/87

   Docket No. WEST 87-243-R
   Citation No. 2844828; 8/13/87

   Docket No. WEST 87-244-R
   Citation No. 2844830; 8/13/87

   Docket No. WEST 87-245-R
   Citation No. 2844831; 8/13/87

   Docket No. WEST 87-246-R
   Citation No. 2844832; 8/13/87

   Docket No. WEST 87-247-R
   Citation No. 2844833; 8/13/87

   Docket No. WEST 87-248-R
   Citation No. 2844835; 8/13/87

   Docket No. WEST 87-249-R
   Citation No. 2844837; 8/13/87

   Wilberg Mine
   Mine I.D. No. 42-00080

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SECRETARY OF LABOR, CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 87-208
PETITIONER A.C. No. 42-00080-03578

      v.                            Docket No. WEST 87-209
                                    A.C. No. 42-00080-03579

EMERY MINING CORPORATION, AND
ITS SUCCESSOR-IN-INTEREST Docket No. WEST 88-25
UTAH POWER & LIGHT COMPANY, A.C. No. 42-00080-03584
MINING DIV.,
RESPONDENT Wilberg Mine

       AND

UNITED MINE WORKERS OF
AMERICA (UMWA),
INTERVENOR

                            ORDER

 1. In a order issued on January 27, 1989, the undersigned,

in accordance with an order of remand of January 10, 1989,
certified as to the issuance of a final order as provided in Rule
54(b) of the Federal Rules of Civil Procedure.

 2. Further, an order of final judgment was entered in favor

of Utah Power and Light Company ("UP&L") in all cases listed in
the caption of this order.

 3. In certain of the cases listed in the caption the parties

are in agreement1 that Emery Mining Corporation ("Emery")
either did not contest the involved citations (orders), or paid
the proposed penalty as originally assessed.

 These cases are as follows:

                       WEST 87-134-R
                       WEST 87-135-R
                       WEST 87-136-R
                       WEST 87-137-R
                       WEST 87-155-R
                       WEST 87-158-R
                       WEST 87-159-R
                       WEST 87-163-R
                       WEST 87-243-R
                       WEST 87-244-R
                       WEST 87-245-R
                       WEST 87-246-R
                       WEST 87-247-R
                       WEST 87-249-R

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4. Inasmuch as a final judgment has been entered as to UP&L in
all of the pending cases and inasmuch as Emery either (1) did not
contest the citations (orders) or (2) paid the proposed penalty
in the cases listed in paragraph 3, there is no issue pending
before the presiding judge in these cases and I herewith return
said cases to the Docket Office.

                                John J. Morris
                                Administrative Law Judge

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
FOOTNOTES START HERE

 1. Emery's response filed December 27, 1988; Secretary's

response filed January 24, 1989.

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