Ezel / Agency Decisions / WEST 89-294-R

Energy Fuels Coal, Inc. (ALJ decision, March 13, 1990)

Energy Fuels Coal, Inc. (FMSHRC WEST 89-294-R): $112 penalty settlement approved

Decision type
ALJ decision
Docket
WEST 89-294-R
Decided
March 13, 1990
Presiding judge
Michael A. Lasher, Jr.
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-16
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 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 settlement, not Commission precedent
This decision approved a $112 penalty and dismissed the contest of Citation No. 3077177. 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 settled the company's contest of Citation No. 3077177 at the Southfield Mine. Judge Michael A. Lasher, Jr. approved the settlement and ordered the company to pay a $112 penalty within 30 days. He dismissed the contest, and the release states that no related penalty proceeding involved the citation.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: The settlement was approved, a $112 penalty was ordered, and the contest was dismissed.
  • Key point: A settlement resolving a single citation can end the contest and establish the penalty without a separate related penalty proceeding.

Full text (FMSHRC public release)

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

Page 2

~462
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 89-294-R
v. Citation No. 3077177; 5/11/89

SECRETARY OF LABOR,
Southfield Mine
MINE SAFETY AND HEALTH
Mine I.D. No. 05-03455
ADMINISTRATION (MSHA),
RESPONDENT

DECISION

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

Before: Judge Lasher:

The parties have reached a settlement covering the sole Citation (No. 3077177) involved and, in accord therewith, Contestant having moved to withdraw its contest, pursuant to 29 C.F.R. 2700.11 the same is approved, and this Contest proceeding is dismissed.

Although there is no related penalty proceeding involving Citation No. 3077177, as part of their settlement agreement reached on the record of a prehearing conference in Denver, Colorado on February 14, 1990 (T. 31-32), Contestant, Energy Fuels Coal, Inc., has agreed to pay a penalty of $112 for the violation and such is here approved and Contestant is ordered to pay such within 30 days of this Decision.

Michael A. Lasher, Jr.
Administrative Law Judge

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