Mountain Edge Mining, Inc.

Plain-English summary

Mountain Edge Mining obtained Commission review of Judge William Moran's civil-penalty decision. After review was granted, the operator and the Secretary jointly asked the Commission to approve a settlement and direct payment under their agreement. The Commission did not decide the settlement itself. It remanded the case to Judge Moran to consider and resolve the joint motion under the Commission's settlement rule.

Decision snapshot

• Cited provisions: 30 U.S.C. § 801; 29 C.F.R. § 2700.31
• Outcome: The case was remanded to the presiding judge to consider the parties' joint settlement motion.
• Key point: When parties settle after Commission review has been granted, the Commission may return the matter to the judge for settlement approval.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

1331 PENNSYLVANIA AVENUE, NW, SUITE 520N

WASHINGTON, D.C. 20004-1710                  

September 14, 2012

SECRETARY OF LABOR,                                          

MINE SAFETY AND HEALTH            

ADMINISTRATION (MSHA) 

v.

MOUNTAIN EDGE MINING, INC. 

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Docket No. WEVA 2009-1519

A.C. No. 46-09065-184080-01

BEFORE: Jordan, Chairman; Young and Nakamura, Commissioners

ORDER

BY THE COMMISSION:

This civil penalty proceeding arises under the Federal Mine Safety and Health Act of
1977, 30 U.S.C. § 801 et seq. (2006) (“Mine Act”). On June 20, 2011, Mountain Edge Mining,
Inc. (“Mountain Edge”) filed with the Commission a petition for discretionary review of a
decision issued in this proceeding by Administrative Law Judge William Moran. 33 FMSHRC
1272 (May 2011) (ALJ). On June 24, 2011, the Commission granted the petition.

Mountain Edge subsequently filed with the Commission a Joint Motion for Approval of
Settlement. In the motion, Mountain Edge and the Secretary of Labor request that the
Commission grant the motion and issue an order approving settlement and directing payment
according to the parties’ agreement.

Upon consideration of the motion, we hereby remand this matter to Judge Moran, who
shall consider and dispose of the motion in accordance with Commission Procedural Rule 31,

29 C.F.R. § 2700.31. 

/s/ Mary Lu Jordan

Mary Lu Jordan, Chair

/s/Michael G. Young

Michael G. Young, Commissioner

/s/ Patrick K. Nakamura

Patrick K. Nakamura, Commissioner

Distribution:

Craig W. Hundley

P.O. Box 3843

200 Capitol Street

Charleston, WV 25338-3843

[email protected] 

Bradley J. Schmalzer, Esq.

Flaherty, Sensabaugh & Bonasso, PLLC

200 Capitol Street

Charleston, WV 25301

[email protected]

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2220

Arlington, VA 22209-2296

Melanie Garris

Office of Civil Penalty Compliance

MSHA

U.S. Dept. Of Labor

1100 Wilson Blvd., 25th Floor

Arlington, VA 22209-3939

Administrative Law Judge William Moran

Federal Mine Safety & Health Review Commission

Office of Administrative Law Judges

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

Washington, D.C. 20001-2021