Ezel / Agency Decisions / west-89-296-r-alj
FMSHRC ALJ decision Docket WEST 89-296-R, WEST 89-288-R, WEST 89-449-A Decided August 28, 1990 Modified Judge Michael A. Lasher, Jr.

Energy Fuels Coal, Inc.

Energy Fuels Coal, Inc. (FMSHRC WEST 89-296-R, WEST 89-288-R, and WEST 89-449-A): Settlement approved with $129 in penalties

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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, not Commission precedent
This decision 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 submitted a settlement covering two contested citations and a civil penalty proceeding at the Southfield Mine. The settlement required payment of the original $79 penalty for one citation and reduced another penalty from $98 to $50 after removing its significant-and-substantial designation. Judge Michael A. Lasher, Jr. approved the settlement as reasonable and dismissed the two contest proceedings. The total assessed penalties were $129.

Decision snapshot

  • Cited standard(s): None identified in the order
  • Outcome: One citation was modified, the settlement was approved, $129 in penalties were assessed, and the contest proceedings were dismissed.
  • Key point: The judge approved a settlement that removed a significant-and-substantial designation and reduced the related penalty.

Full text (FMSHRC public release)

CCASE:
ENERGY FUELS V. SOL (MSHA)
DDATE:
19900828
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

ENERGY FUELS COAL, INC., CONTEST PROCEEDING
CONTESTANT
Docket No. WEST 89-296-R
v. Citation No. 3077175; 5/11/89

SECRETARY OF LABOR, Docket No. WEST 89-288-R
MINE SAFETY AND HEALTH Citation No. 3077183; 5/11/89
ADMINISTRATION (MSHA),
RESPONDENT Southfield Mine
Mine I.D. 05-03455

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH CIVIL PENALTY PROCEEDING
ADMINISTRATION (MSHA) Docket No. WEST 89-449-A
PETITIONER A.C. No. 05-03455-03569
v.
Southfield Mine
ENERGY FUELS COAL, INC.,
RESPONDENT

                DECISION APPROVING 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

 The parties, through the Secretary of Labor, have submitted

a motion to approve their settlement which resolves the two
citations remaining in Penalty Docket WEST 89-449-A. Pursuant to
the settlement reached, Respondent agrees to pay in full the $79
penalty originally assessed for Citation No. 3077183. As to
Citation No. 307715, the parties agree that the violation
described therein is not "significant and substantial" and that
the penalty therefor should thus be reduced from the original $98
to $50. Based on approval of this agreement, Respondent withdraws
its contests in the two captioned contest proceedings. The
settlement is reasonable and part of an overall settlement of
many dockets reached by these parties. Accordingly, it is
APPROVED.

Page 3

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Order

    1. Citation No. 3077175 is MODIFIED to delete the
    "significant and substantial" designation thereon and
    is otherwise APPROVED.

    2. Contestant/Respondent Energy Fuels shall pay to the
    Secretary of Labor the total sum of $129 as and for the
    civil penalties agreed on and here assessed within 30
    days from the date hereof.

    3. Contest Docket Nos. WEST 90-288-R and WEST 89-296-R
    are DISMISSED.

                                     Michael A. Lasher, Jr.
                                     Administrative Law Judge

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