Ezel / Agency Decisions / west-89-274-r-alj
FMSHRC ALJ decision Docket WEST 89-274-R, WEST 89-434 Decided March 13, 1990 Settled Judge Michael A. Lasher, Jr.

Energy Fuels Coal, Inc.

Energy Fuels Coal, Inc. (FMSHRC WEST 89-274-R and WEST 89-434): $50 penalty settlement approved

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 decision approving a partial settlement, not Commission precedent
This decision approved a $50 penalty settlement, dismissed the related contest, and left the remaining penalty docket pending. It 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

Energy Fuels Coal and the Secretary reached a partial settlement over Citation No. 2875321 at the Southfield Mine. Judge Michael A. Lasher, Jr. approved a $50 penalty instead of the original $98 assessment and approved the company's withdrawal of its contest. The WEST 89-274-R contest was dismissed, while the related WEST 89-434 penalty docket remained open for other citations.

Decision snapshot

  • Cited standards: No Mine Act or regulatory standard is identified in the release.
  • Outcome: The settlement was approved, a $50 penalty was ordered, and the contest was dismissed.
  • Key point: A partial settlement can resolve one contest and set its penalty while related enforcement documents remain pending.

Full text (FMSHRC public release)

CCASE:
ENERGY FUELS COAL V. SOL (MSHA)
DDATE:
19900313
TTEXT:

Page 2

~455
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

ENERGY FUELS COAL, INC., CONTEST PROCEEDING
CONTESTANT
Docket No. WEST 89-274-R
v. Citation No. 2875321;4/12/89

SECRETARY OF LABOR, Southfield Mine
MINE SAFETY AND HEALTH Mine I.D. 05-03455
ADMINISTRATION (MSHA),
RESPONDENT CIVIL PENALTY PROCEEDING

                                      Docket No. WEST 89-434
                                      A.C. No. 05-03455-03571

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH Southfield Mine
ADMINISTRATION (MSHA)
PETITIONER

      v.

ENERGY FUELS COAL, INC.,
RESPONDENT

              DECISION APPROVING PARTIAL SETTLEMENT

Appearances: Phillip D. Barber, Esq., Welborn, Dufford, Brown &
Tooley, Denver, Colorado,
for Contestant/Respondent;
Margaret A. Miller, Esq., Office of the Solicitor,
U.S. Department of Labor, Denver, Colorado,
for Petitioner/Respondent.

Before: Judge Lasher

 At a prehearing conference held on-the-record in Denver,

Colorado, on February 14, 1990, the parties reached an amicable
resolution as to Citation No. 2875321 - one of 20 enforcement
documents involved in Penalty Docket WEST 89-434. On the basis of
a reduced evaluation of the gravity of the violation, the parties
agreed that a penalty of $50 rather than the original assessment
of $98 was appropriate and moved for approval of such settlement
(T. 27). This motion and Energy Fuels' corollary motion to
withdraw its contest in Docket No. WEST 89-274-R were approved
from the bench and such ruling (T. 26-27) is here affirmed.

Page 3

~456
ORDER

 1. Contestant/Respondent Energy Fuels, if it has not

previously done so, shall pay the Secretary of Labor within 30
days from the date hereof, the sum of $50 as and for a civil
penalty for Citation No. 2875821.

   2. Contest Docket No. WEST 89-274-R is DISMISSED.

 3. Penalty Docket No. WEST 89-434 will remain on the Judge's

docket pending resolution of the remaining Citations contained
therein.

                                   Michael A. Lasher, Jr.
                                   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.