Colorado Westmoreland Incorporated (ALJ decision, November 30, 1987)

Plain-English summary

MSHA issued Colorado Westmoreland an order, later modified to a citation, for allowing combustible material to accumulate in violation of 30 C.F.R. § 75.400. The operator cleaned up the material based on its understanding of MSHA's requirements. Because the operator relied on that understanding, the Secretary asked to vacate the citation and proposed penalty. Judge August F. Cetti granted the motion, vacated both, and dismissed the proceeding.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.400
• Outcome: The citation and proposed penalty were vacated, and the proceeding was dismissed.
• Key point: The Secretary may seek vacatur when the operator corrected the condition based on its understanding of the agency's requirements.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. COLORADO WESTMORELAND
DDATE:
19871130
TTEXT:

Page 2

~1987

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

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEST 87-219
PETITIONER A.C. No. 05-04184-03504 v.
COLORADO WESTMORELAND
Orchard Valley West Mine
INCORPORATED,
RESPONDENT

ORDER GRANTING PETITIONER'S MOTION TO VACATE CITATION AND PROPOSAL FOR PENALTY AND ORDER OF DISMISSAL

Before: Judge Cetti

On March 19, 1987, respondent was issued an order (later modified to a citation) for a violation of 30 C.F.R. 75.400. That standard required combustible materials be cleaned up and not permitted to accumulate. Respondent cleaned up the combustible material based on its understanding of what was acceptable to MSHA.

Because of respondent's reliance on its understanding of MSHA's requirements, petitioner moves that the citation and proposed penalty be vacated.

Good cause having been shown, petitioner's motion that the citation and the proposed penalty be vacated is granted and this proceeding is dismissed.

August F. Cetti
Administrative Law Judge