Ezel / Agency Decisions / west-89-449-a-alj
FMSHRC ALJ decision Docket WEST 89-449-A, WEST 89-291-R, WEST 89-449-A Decided March 13, 1990 Settled Judge Michael A. Lasher, Jr.

Energy Fuels Coal, Inc.

Energy Fuels Coal, Inc. (FMSHRC WEST 89-291-R and WEST 89-449-A): Partial settlement approved for $79

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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 binding on the Commission in other cases. 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 concerning Citation No. 3077180 at the Southfield Mine. Energy Fuels agreed to pay the proposed penalty of $79 in full and withdrew its contest. Judge Michael A. Lasher, Jr. approved the settlement and dismissed Contest Docket No. WEST 89-291-R. Penalty Docket No. WEST 89-449-A remained open for the other citations.

Decision snapshot

  • Cited standard(s): No substantive safety standard was stated in this settlement order.
  • Outcome: The $79 penalty was approved, the contest docket was dismissed, and the related penalty docket remained pending.
  • Key point: A partial settlement can resolve one citation while leaving the broader penalty proceeding open.

Full text (FMSHRC public release)

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

Page 2

~459
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 89-291-R
v. Citation No. 3077180;5/11/89

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

                                      Docket No. WEST 89-449-A
                                      A.C. No. 05-03455-03569

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

Colorado, on February 14, 1990, the parties reached various
settlement agreements involving some 18 enforcement documents
(Citations and Orders) which were the subject of both Contest and
Penalty proceedings. With respect to Citation No. 3077180 - one
of the 4 enforcement documents involved in Penalty Docket WEST
89-449-A - the parties settled the matter on the basis of
Respondent's agreement to pay in full ($79) MSHA's proposed
penalty and moved for approval of such agreement (T. 32). Such
motion was approved as was Energy Fuel's corollary motion to
withdraw its contest in Docket No. WEST 89-291-R (T. 32-33). Such
bench ruling is here affirmed.

Page 3

~460
ORDER

 1. Contestant/Respondent Energy Fuels shall pay the

Secretary of Labor the sum of $79 as and for a civil penalty for
Citation No. 3077180.

   2. Contest Docket No. WEST 89-291-R is DISMISSED.

 3. Penalty Docket No. WEST 89-449-A will remain on the

Judge's docket pending resolution of the remaining Citations
contained therein.

                                   Michael A. Lasher, Jr.
                                   Administrative Law Judge

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