Ezel / Agency Decisions / west-91-365-r-alj
FMSHRC ALJ decision Docket WEST 91-365-R, WEST 91-366-R, WEST 91-367-R, WEST 91-368-R, WEST 91-519 Decided November 20, 1991 Settled Judge James A. Broderick

Wyoming Fuel Company

Wyoming Fuel Company (FMSHRC WEST 91-365-R and related dockets): Settlement approved and contests dismissed

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This order from 1991 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 1991
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

Wyoming Fuel Company contested four citations involving alleged deliberate tampering with dust filter media at its Golden Eagle Mine. The company denied deliberately altering the media but agreed to pay $5,200 in civil penalties, without admitting the allegations for purposes outside civil matters arising under the Act. The Secretary and Wyoming asked the judge to approve the settlement and withdraw the notices of contest. Judge James A. Broderick approved the settlement under the criteria in Section 110(i) of the Act and dismissed the four contest proceedings.

Decision snapshot

  • Governing provision: 30 U.S.C. § 820(i)
  • Outcome: The settlement was approved, Wyoming was ordered to pay $5,200, and four contest proceedings were dismissed.
  • Key point: The settlement resolved the contests without an admission for unrelated criminal or private civil litigation, while preserving the Secretary's ability to use the citations for statutory penalty purposes.

Full text (FMSHRC public release)

CCASE:
WYOMING FUEL V. SOL (MSHA)
DDATE:
19911120
TTEXT:

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

WYOMING FUEL COMPANY, CONTEST PROCEEDINGS
CONTESTANT
Docket No. WEST 91-365-R
v. Citation No. 9858159; 4/4/91

SECRETARY OF LABOR, Docket No. WEST 91-366-R
MINE SAFETY AND HEALTH Citation No. 9858160; 4/4/91
ADMINISTRATION (MSHA),
RESPONDENT Docket No. WEST 91-367-R
Citation No. 9858161; 4/4/91

                                   Docket No. WEST 91-368-R
                                   Citation No. 9858162; 4/4/91

                                   Golden Eagle Mine
                                   Mine I.D. 05-02820

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 91-519
PETITIONER A.C. No. 05-02820-03589D

      v.                           Golden Eagle Mine

WYOMING FUEL COMPANY,
RESPONDENT

              DECISION APPROVING SETTLEMENT
                   ORDER OF DISMISSAL

 On October 28, 1991, the Secretary of Labor (Secretary) and

Wyoming Fuel Co. (Wyoming) filed a Motion to Approve Settlement
and to Withdraw Notice of Contest. The Secretary asserts that the
violations alleged resulted from a deliberate act of tampering
with dust filter media. Wyoming denies that it deliberately
tampered with or altered any of the dust filter media. The
parties agree to a settlement wherein Wyoming agrees to pay the
amount of the proposed civil penalties, $5200 for 4 alleged
violations, within 30 days of the entry of an order approving
settlement. The settlement agreement provides that it shall not
be deemed an admission of or used for any purpose except for
civil matters arising under the Act. It is not to be used in any
criminal or private civil litigation. However, the

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Secretary is not precluded from including the citations in the
operator's history of violations and considering such violations
in proposing civil penalties pursuant to 30 U.S.C. 820(i).
Wyoming agreed to withdraw its notices of contest.

 I have considered the motion in the light of the criteria in

section 110(i) of the Act, and conclude that it should be
approved.

 Accordingly, IT IS ORDERED:

 1. The settlement reached between the parties is APPROVED.

 2. Wyoming shall, within 30 days of the date of this order,

pay the sum of $5200 as civil penalties for the violations
alleged in the four citations contested herein.

 3. The contest proceedings, Docket Nos. WEST 91-365-R

through WEST 91-368-R are DISMISSED.

                               James A. Broderick
                               Administrative Law Judge

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