Ezel / Agency Decisions / west-90-8-alj
FMSHRC ALJ decision Docket WEST 90-8, WEST 89-247-R Decided March 13, 1990 Settled Judge Michael A. Lasher, Jr.

Energy Fuels Coal, Inc.

Energy Fuels Coal, Inc. (FMSHRC WEST 90-8 and WEST 89-247-R): Settlement approved and penalty reduced

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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 settled related contest and civil penalty proceedings involving the Southfield Mine. The settlement removed the significant-and-substantial designation from Citation No. 2875336 and reduced its proposed penalty from $225 to $125. Withdrawal Order No. 3077162 was vacated, and the company withdrew its contest. Judge Michael A. Lasher, Jr. approved the settlement and dismissed both dockets.

Decision snapshot

  • Cited provision: 30 U.S.C. § 814(b)
  • Outcome: Citation No. 2875336 was modified, Withdrawal Order No. 3077162 was vacated, and the penalty was reduced to $125.
  • Key point: An approved settlement can remove an S&S designation, vacate a related failure-to-abate order, and reduce the civil penalty.

Full text (FMSHRC public release)

CCASE:
ENERGY FUELS COAL V. SOL (MSHA)
DDATE:
19900313
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 89-247-R
v. Order No. 3077162; 4/26/89

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

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA) Docket No. WEST 90-8
PETITIONER A.C. No. 05-03455-03575

      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, at the prehearing conference held on-the-record

in Denver, Colorado on February 14, 1990, reached a settlement
fully resolving the issues in these two related (Penalty and
Contest) dockets. Penalty Docket WEST 90-8 contains two
enforcement documents, Citation No. 2875336 and a related Section
104(b) Order No. 3077162, which Order is also the subject of
Contest Proceeding WEST 89-247-R. Pursuant to their accord, the
parties agreed that the "Significant and Substantial" designation
on the Citation should be deleted and the $225 penalty originally
proposed by MSHA therefor should be reduced to $125 based on such
modification. As a further part of their settlement, the Section
104(b) (Failure to Abate) Order issued after Citation No. 2875336
is to be vacated. Based on such vacation, Contestant Energy Fuels
withdraws its contest in Docket WEST 89-247-R. The approval of
settlement issued from the bench (T. 14-18) is here affirmed.

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ORDER

 Citation No. 2875336 is MODIFIED to delete the "Significant

and Substantial" designation thereon and is otherwise affirmed.

   Withdrawal Order No. 3077162 is VACATED.

 Docket No. WEST 89-247-R, having been withdrawn, is

DISMISSED. Penalty Docket No. WEST 90-8, having been fully
resolved, is DISMISSED.

 Respondent, if it has not previously done so, shall pay the

Secretary of Labor within 30 days from the date hereof the sum of
$125 as and for the civil penalty for Citation No. 2875336 above
assessed.

                                    Michael A. Lasher, Jr.
                                    Administrative Law Judge

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