Ezel / Agency Decisions / WEST 91-365-R

Wyoming Fuel Company (ALJ decision, November 20, 1991)

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

Decision type
ALJ decision
Dockets
WEST 91-365-R, WEST 91-366-R, WEST 91-367-R, WEST 91-368-R, WEST 91-519
Decided
November 20, 1991
Presiding judge
James A. Broderick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

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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~1846
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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