Ezel / Agency Decisions / weva-2008-1265-alj
FMSHRC ALJ decision Docket WEVA 2008-1265 Decided April 14, 2014 Settled Judge David F. Barbour

Secretary of Labor v. Wolf Run Mining Company

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

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This order from 2014 bound only the parties to this case; it isn't precedent. Ezel answers your situation under the current MSHA standards and Commission precedent, 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 Commission's own document.
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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