Ezel / Agency Decisions / weva-2004-187-r-commission
FMSHRC Commission decision Docket WEVA 2004-187-R, WEVA 2004-188-R, WEVA 2004-195-R Decided March 22, 2005 Procedural

Speed Mining, Inc.

Speed Mining, Inc. (FMSHRC WEVA 2004-187-R): Review petition withdrawn

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Currency note: this decision dates from 2005
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Decision of the Commission
This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. 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

Speed Mining had asked the Commission to review an ALJ determination involving alleged violations of a modification issued by MSHA. While the Commission held the decision in abeyance so the parties could discuss settlement, Speed Mining moved to withdraw its review petition. The Commission granted the withdrawal, with the Secretary's support.

Decision snapshot

  • Cited authority: 29 C.F.R. §§ 2700.10 and 2700.11
  • Outcome: The petition for discretionary review was withdrawn by permission of the Commission.
  • Key point: The Commission granted the operator's supported request to withdraw its pending review petition.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 New Jersey Avenue, NW,

Suite 9500

Washington, DC 20001

March 22, 2005

SECRETARY OF LABOR, :
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA) : Docket Nos. WEVA 2004-187-R
: WEVA 2004-188-R
v. : WEVA 2004-195-R
:
SPEED MINING, INC. :

BEFORE: Duffy, Chairman; Jordan, and Young, Commissioners 1

ORDER

BY THE COMMISSION:

 In these consolidated contest proceedings arising under the Federal Mine Safety and

Health Act of 1977, 30 U.S.C. 801 et seq. (2000), the Commission had granted the petition for
review filed by Speed Mining, Inc. ("SMI") of an administrative law judge's determination that
SMI had in two instances violated terms of a modification previously issued by the Department
of Labor's Mine Safety and Health Administration to SMI. See 26 FMSHRC 708, 710-13 (Aug.
2004) (ALJ). On February 3, 2005, in response to a joint motion filed by the Secretary of Labor
and SMI requesting that the Commission hold the issuance of a decision in abeyance while the
parties discuss settlement in this and related cases, the Commission agreed to do so until March
21, 2005.

 SMI has now moved, pursuant to Commission Procedural Rules 10 and 11, 29 C.F.R.

2700.10 and 2700.11, to withdraw its petition, and states in its motion that the Secretary of
Labor supports the motion. Having considered the motion, we grant permission to withdraw the
petition.

Footnote:

1 Commissioner Suboleski recused himself in this matter and took no part in its consideration. Pursuant to section 113(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 823(c), this panel of three Commissioners has been delegated to exercise the powers of the Commission.

Michael F. Duffy, Chairman

Mary Lu Jordan, Commissioner

Michael G. Young, Commissioner

Distribution:

Timothy M. Biddle, Esq.

Daniel W. Wolff, Esq.

Crowell & Moring LLP

1001 Pennsylvania Ave., N.W.

Washington, D.C. 20004

Jack Powasnik, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., 22nd Floor West

Arlington, VA 22209-2247

Administrative Law Judge Avram Weisberger

Federal Mine Safety & Health Review Commission

Office of Administrative Law Judges

601 New Jersey Avenue, N.W., Suite 9500

Washington, D.C. 20001-2021

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