Ezel / Agency Decisions / weva-2008-1265-alj

Secretary of Labor v. Wolf Run Mining Company (ALJ decision, April 14, 2014)

Secretary of Labor v. Wolf Run Mining Company (FMSHRC WEVA 2008-1265): Flagrant designation removed in $70,000 settlement

Decision type
ALJ decision
Docket
WEVA 2008-1265
Decided
April 14, 2014
Presiding judge
David F. Barbour
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-02
Cited standards
30 U.S.C. § 815(d) 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 2014 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 2014
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 order, not Commission precedent
This post-remand decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct further review (30 U.S.C. § 823(d)(1)). 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

The Secretary and Wolf Run Mining proposed settling a civil penalty proceeding involving Order No. 6605922. Judge David F. Barbour approved the agreement, removed the order's flagrant designation, and reduced the penalty from $142,900 to $70,000. Wolf Run was ordered to pay within 30 days.

Decision snapshot

  • Governing provisions: 30 U.S.C. §§ 815(d) and 820(i)
  • Outcome: Settlement approved, flagrant designation removed, and penalty reduced to $70,000.
  • Key point: The post-remand settlement resolved the case by removing the enhanced designation and cutting the proposed penalty by more than half.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION

OFFICE OF
ADMINISTRATIVE LAW JUDGES

1331 PENNSYLVANIA
AVE., N.W., SUITE 520N

WASHINGTON, DC
20004-1710

TELEPHONE:
202-434-9958 / FAX: 202-434-9949

April 14, 2014

SECRETARY OF LABOR

MINE SAFETY AND HEALTH     

ADMINISTRATION (MSHA),

Petitioner

v.

WOLF RUN MINING CO.,

Respondent

CIVIL PENALTY PROCEEDING

Docket No. WEVA 2008-1265

A.C. No. 46-04168-151760

Mine: Sentinel

DECISION ON
REMAND APPROVING SETTLEMENT

ORDER TO MODIFY

ORDER TO PAY

Before:              Judge Barbour                                                          

This case is before me upon a petition for
assessment of a civil penalty filed under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(d).  The Solicitor has filed a motion to approve settlement.  A reduction in the penalty from $142,900.00 to
$70,000.00 is proposed.  The Solicitor also requests that Order No. 6605922 be modified to remove the flagrant designation.

I have considered the representations and
documentation submitted in this case, and I conclude that the proffered settlement is appropriate under the criteria set forth in section 110(i) of the Act.

WHEREFORE, the motion for approval of
settlement is GRANTED.

It is ORDERED that Order No. 6605922 be MODIFIED to remove the flagrant designation.

It is further ORDERED that the operator
pay a penalty of $70,000.00 within thirty days of this order.[1]

/s/ David F. Barbour

David F. Barbour

Administrative Law Judge

Distribution:

Linda M. Henry, Esq., Office of the Solicitor, US DOL, The
Curtis Center, Suite 630E, 170 S. Independence Mall West, Philadelphia, PA 19106-3306

R. Henry Moore, Esq., Jackson Kelly, PLLC, Three Gateway
Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, PA 15222       

/DM

[1] Payment should be sent to: MINE SAFETY AND HEALTH
ADMINISTRATION, U.S. DEPARTMENT OF LABOR, PAYMENT OFFICE, P. O. BOX 790390, ST. LOUIS, MO 63179-0390

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